Legal Question in Real Estate Law in California

Rental property and building codes

I rented a house that was built in 1926. This house has a long staircase to the front door, and while it is solid and concrete, I do not know whether it has to be rebuilt to conform to current codes. It is a single family residence, and I will be renting to a single tenant. Which codes do the house have to comply with: current day, or when it was built? Does this change when the property becomes a rental property?

Thanks


Asked on 8/24/01, 11:11 pm

2 Answers from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Rental property and building codes

Anything that was previously approved is grandfathered in even if the code changes later. If it is to be changed it has to be up to the code standard at the time of changing.

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Answered on 9/04/01, 12:41 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental property and building codes

I would venture that more than 50% of the rental-property stock in the USA does not meet current code in one respect or another. If these units were un-rentable, millions more would be homeless.

That said, there are certain items that every conscientious landlord will need to keep legal. That includes fire alarms/extinguishers/smoke detectors and emergency exits. You should have liability insurance, and perhaps your insurance company can provide you with a checklist, a free inspection, or both.

Remember that lawsuits from tenant accidents are a much bigger concern than fines from building inspectors.

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Answered on 9/04/01, 2:08 am


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