Do I have to bring all build code up to date ? - Landlord Forum thread 354686

Do I have to bring all build code up to date ? by Adale (CA) on October 17, 2017 @16:29

Hi,

I have an old house that rent to a tenant for 5 years. The rent is below market a lot because of the condition and I think we had mutual understanding that rent is low because of the condition. Recently tenant reported half of house doesn't have electricity. The house wiring was old and was not be wired correctly. On the other hand, the house was overloaded as he subleased the rooms and each rooms are filled with full set of electrics. And tenant did catering job and have 2 refrigs in the kitchen. The tenant hired an electrician fixed the issue and run the report saying there are many illegal wiring that need to be fixed. The tenant said he will report to the city code enforcement department if I do not fix panel which is what he cared. My question, Is it ok to only fix the panel and leaving others unchanged. If have to bring all things up to the current code, the house is not livable during the implementation.

For me, it would be best option if tenant move out and I do remodeling completely and fix everything, of course, bring the rent to market value after remodeling.

But it seems tenant not willing to move out, and saying that only after he brought up the electric issue, then I kick him out.

My question is, is it OK that I only fix it partially according tenant's current request? Is it ok to increase rent without fixing it completely? Do I have to bring up everything up to code in order to terminate the lease? Also, is it required to have license electrician to fix the issue? My bro is the handyman who can work on the job but without electric license.

BTW, The lease agreement doesn't allow sublease. I verbally agreed him to find a replacement tenant but the new tenant needs my approval and be added to the lease agreement. He didn't get my approval and letting the new tenant moved in. He is asking to add the new tenant to my lease now.. shall I accept it now? Or start a new lease 1 year with everybody in?

Which way is feasible way to do for me to get rid of this tenant? I am afraid he will be the stay in the low rent for ever and using the not up to date code issue to threaten me if I ask him to move out. He is one of the guy in building industry and knows all about those building code etc.

Many thanks!

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Re: Do I have to bring all build code up to date ? by Baker on October 17, 2017 @17:20	[ Reply ]

I would lean toward ending the lease. And when the T are out. I would upgrade all electrical issues and any other repairs. I would hire a licensed electrician or plumber if there are any plumbing issues. Not your handyman brother. Do credit and background checks on future T before renting to them.

Re: Do I have to bring all build code up to date ?

Re: Do I have to bring all build code up to date ? by Anonymous on October 17, 2017 @22:57	[ Reply ]

First, investigate the electrical issues by hiring an electrician to inspect and note what if any problems exist. You only have to bring the electrical system up to the code that was in place when the first permits were issued. There are a few exceptions that may apply, but a qualified electrician can detail them. Second, enforce your lease that prohibits subleasing by the tenant. Third, If your tenant(s) are overloading the electrical system by having too many items plugged in, issue a "notice to cure" that. Upon receiving the report from the electrician, you will know where you stand and what needs to be done, if any thing. Do not go by what your tenant request, but by what your electrician states is needed. You want to have a paper trail with your tenant, so make sure that everything is in writing. Follow up oral conversations with a letter detailing what was and wasn't agreed upon. If the tenant(s) fail to cure any violation notices, then you might have grounds to evict. If you try to evict without a valid reason, and the tenant has complained to the local authorities about the electrical problems, you may find that evicting the tenant is a lot harder to avoid appearing to retaliate against the tenant. When you have all your information, seek the advice of an attorney who has a background in evictions and code violations. If you decide to retain the tenant, perhaps a month to month rental agreement would be better than a 12 month lease. In California, a handyman cannot rewire an electrical system, nor can they do any repair work that is greater than $500 without a contractors license.

Re: Do I have to bring all build code up to date ?

Re: Do I have to bring all build code up to date ? by Carla (Ca) on October 18, 2017 @16:46	[ Reply ]

Please be aware that the information you are getting is not from a California landlord and it can get you into more of a bind if followed. Do not over react, that will cause you to make mistakes. Just arrange for your electrician to inspect the electrical system and made a written statement of it's condition and if any repairs are required. Please realize that you may not have an issue at all, no matter what the tenant claims. DO NOT contact code enforcement unless you intend to spend time and money. If the code enforcement claims the place as uninhabitable, the courts can require you to pay back all the tenants rental payments for the past four years (statue of limitations) You would also be on the hook for the tenants moving expenses if the tenant is forced to move out (constructive eviction). Terminating the lease now could subject you to retaliation charges which would be even more expense to you. Just find out for sure what condition the electrical system is really in. If any thing needs to be done, than arrange for the repair, notify your tenant(48 hrs) of the date(s) that repairs will be made and proceed to do them. Don't worry if code enforcement shows up, as long as everything is correct for the code that applies to your property, you should be fine. They always allow a period of time for the repairs to be made (30 days or more). If you call code enforcement, they may expand their inspection and find things not at issue with the tenant. Somethings to be aware of and to bring to your attorney; Tenant made unauthorized repairs by having the wiring work done. You have no idea if a licensed electrician did the work? The tenant is using too many electrical items for the electrical service. That's a lease violation. The tenant is subleasing without approval. Lease violation The tenant is running a catering business without approval or permits? Don't worry about the security deposit amounts. You are not violating the law. Nor is failing to provide notice on the lease of the landlords address. The law allows for separate notice within 15 days of lease signing, so don't sweat that fact. As of now, do not add anyone to the lease until all issues are resolved. When you get your report from your electrician, you may wish to consult an attorney on how to proceed. You do not want to be paying relocation fees or unnecessary legal fines or expenses needlessly. Take this one step at a time, electrical inspection, repair if needed, tenants lease violations and then eviction if you wish to get rid of the tenant. Terminating the rental agreement now could lead to the tenant claiming retaliation because he reported a repair. Don't go down that road, as it's very expensive and you might still be stuck with the tenant. The tenant will be protected for the next six months if you retaliate.

Re: Do I have to bring all build code up to date ?

Re: Do I have to bring all build code up to date ? by altagracia on October 19, 2017 @07:11	[ Reply ]

When you have a rental property , you must stride to keep it up in good condition. Try to bring most of the building code up to date so there is not violation. It cost to do that but at the long run you keep your property and does not deteriotate. Do not play with electricity a huge fire can happen and it would be worse. if you comply with the building code, you will not find tenant threatening you to go to court. Better do your things right to avoid more problems.

Re: Do I have to bring all build code up to date ? by anon (ca) on November 1, 2017 @22:05	[ Reply ]

You have done this rental improperly and caused yourself the trouble. Bottom line: 1. The electrical in the house must be fixed by electrician. No debate. It has to be up to code for the next tenant. 2. Get the electrical issue done first. Then take your other issues in the proper manner with a good lease.