Legal Question in Real Estate Law in California
homebuilder renting out property instead of selling
We want to know if it is legal for a new home builder to retain and re-buy homes in it's tract for the purpose of renting them out instead of selling them as single family dwellings.
Our home builder has done this with at least two homes in our small tract and has rented them out to undesirable people who are commiting illegal acts (buying/selling/using drugs, etc.)
1 Answer from Attorneys
Re: homebuilder renting out property instead of selling
To my knowledge there is no law which states that
a homebuilder cannot own any number of homes in a development they built or anywhere else, and it is odd that anyone would think that to be the case. Further, unless there is some homeowner's association which has rules restricting renting, there is no law which would preclude a homebuilder from renting. There are laws in california, which prohibit a landlord from allowing criminal activity on premises owned by them; however, they have to have certain knowledge that it is occurring, not merely suspicion. Further, if the criminal activity can be proven, why not report it to the police?
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