Legal Question in Construction Law in California

Tenant built office and liability

A tenant in an industrial building is moving. He built an office that is very easy to tear down (2 walls, no ceiling). It was built without permits. The window has glass that may not be tempered and the tenant is worried about liability if it breaks in the future. The landlord is unethical (at best) and the tenant does not want to discuss it with him.

I've told the tenant to take the office down to restore the unit to its original state. He thinks removing the unsafe glass would be enough. I'd appreciate any ideas on this or what to ask a local attorney.

Thank you.


Asked on 12/14/01, 9:06 pm

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Tenant built office and liability

I am not sure about all the facts. If the walls were temporary and added no new electrical or plumbing, then generally no permits are required. But where is the window? Does not sound like part of the improvements - or was a window installed on the exterior wall? Was a permit obtained for that window - because it may have structural impacts?? Or Title 24?? Probably at this stage it is best to leave the window "as is" if on the exterior wall, and remove the portable stuff. Most leases require a restoration to the condition the premises were in before the improvement - but that applies generally to improvements other than those becoming fixtures. Sounds like the window is a fixture. Most leases also require the tenant to comply with all laws. This is where the UBC and ordinances come in. You could check on these hypothetically with the local building department as well.

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Answered on 12/15/01, 2:32 am


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