Legal Question in Landlord & Tenant Law in California

My landlord was cited for major code violations about a year ago. The violations have to do with an illegal garage conversion, which I happen to be living in. In speaking to building and safety myself, they said only a part of the structure was permitted many years ago. But now, somehow, the violations have changed to minor things, and I am not sure if money or promises changed hands to accomplish this. Even the architect told me that although the entire structured needed to be re-wired, they were able to get approval for just a part of the structure. As of today, this is no longer under the microscope.

The landlord approached me about the repairs being done with me living in the residence. I thought some written agreement has to be in place between me and the landlord, or relocation money given, but there's nothing. Do I have to agree to this? I feel I am being taken advantage of, but don't know who to talk to about any of this. Those at the housing authority have not been helpful. Any help will be appreciated. Thank you.


Asked on 5/18/11, 1:10 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

No written agreement has to be made for you to allow your landlord to make repairs necessary to bring the unit into code compliance. One can certainly be drafted up, though, but it may lead to further complications. The issue here for the landlord is to get the unit into compliance and get you to pay your rent - if you haven't been doing so. If your rent is paid up and current, and if the code repairs will not impact your living arrangements, then you should allow the LL to make the repairs. You say you feel as though you're being taken advantage of. If this is because you are current in your rent but not getting a habitable unit, then you have a point. However, if you are withholding rent based on minor code violations that don't affect the habitability of the unit, and you are not allowing the landlord to make needed repairs to obtain a certificate of occupancy, then it is you who are taking advantage of your landlord.

Read more
Answered on 5/18/11, 1:26 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California