Legal Question in Landlord & Tenant Law in California
Is a lease for an apartment still legal if the apartment is not legally built?
Asked on 1/26/14, 11:47 am
2 Answers from Attorneys
Yup, but if what is illegal about it also renders it legally unihabitable, then no rent can be collected until the habitability issues are taken care of.
Answered on 1/26/14, 4:06 pm
Anthony Roach
Law Office of Anthony A. Roach
If you entered into a lease and the apartment is not built for the period that you leased, then you have a breach of contract and possible fraud action. If you enter into a lease for a future lease for a unit that is to be built, then that is legal.
Answered on 1/28/14, 1:17 am
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