Legal Question in Construction Law in California
My landlord rehabbed my apartment building that was originally an old victorian house (from the 1800s)... major work! In ALL work (and even now) he's claiming himself to be the "Owner/Builder". Property is in California and in researching the requirements for this being able to claim this status, it clear states on the State of California's website (http://www.cslb.ca.gov/Consumers/KnowRisksOfOwnerBuilder/WhatAnOwnerBuilderIs.asp), "The work site must be their principal place of residence that they have occupied for 12 months prior to completion of the work." My landlord has NEVER lived on this property a day in his life!
What are the legal ramifications of his illegally making such a claim???
1 Answer from Attorneys
I think you are not reading the CSLB Web site accurately.
The page you are quoting starts out by saying: "Any individual or group of individuals who own the property on which they plan to construct, alter, repair, improve, or remodel a building or structure is considered an owner-builder. Also, a tenant may be considered an owner-builder (case-by-case)."
A little further down the page, we see the following: "A homeowner improving his or her principal place of residence is exempt from licensure if all of the following exist:
"The work is performed prior to sale;
"The homeowner resides in the residence for the 12 months prior to completion of the work; and,
"The homeowner has not taken advantage of this exemption on more than two structures during any three-year period."
The CSLB is using two different terms. "Owner/builder" and "homeowner".
Your landlord meets the definition of an owner/builder. He is making no claim as a homeowner. See the difference? Don't make a fool of yourself by trying to call his bluff on this, he isn't bluffing.
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