Is it illegal for the landlord to rent a place that is not up to code?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it illegal for the landlord to rent a place that is not up to code?

We found out that the house we have been renting for the last year and a half has multiple building code violations. I feel this is a breach of our rental agreement and my state’s landlord/tenant act. Does the property management company have a legal responsibility to make sure the house is up to code? Can we sue for damages?

Asked on September 23, 2012 under Real Estate Law, Alaska

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A landlord under the laws of all states in this country cannot legally rent a unit in violation of existing codes. However, just because a unit is not in compliance with existing codes does not necessarily mean that the unit is not code compliant for habitability issues. Meaning, some municipalities grandfather exisiting structures as being allowable to be rented depending upon the given circumstances.

If the unit you have is not code compliant for habitation purposes presently the owner's property manager is responsible to make the unit code compliant subject to the owner's approval. Depending upon the degree of code violation you might be able to bring a successful action for a refund of some of your rent.

I suggest that you consult further with a landlord tenant attorney about your matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption