Legal Question in Landlord & Tenant Law in California

I found out the owner of the house I rent did major repair work like plumbing, roof repair and ceiling drywall but never pulled permits or had inspections. (Certificate of Occupancy?) Can I sue for return of the rent I paid since the house may have been considered unsafe/uninhabitable?


Asked on 6/20/10, 6:59 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

How did that harm you? You might be able to argue that in renting the place you paid the rent asked because you assumed the house had been fixed under local public entity supervision, but don't you think you are stretching it? Many owners do some work without permits; some work does not really need an inspection. The court normally will not entertain a suit for speculative damages, which is what you have.

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Answered on 6/20/10, 10:10 pm

The issue is not speculative damages. The issue is habitability. First off, you can never sue for rent already paid, unless there was genuine fraud in inducing you to pay rent. Second, work done without permits may be perfectly good work. My partner lives in a beautiful home with marble floors, a beautifully remodeled kitchen, and an added guest bath that were all done without permits. This was disclosed at the time of sale, she had it inspected by a private inspector, and he said it was great work, so she bought the house. I assure you it is very habitable. Unless the property lacks the basic health and safety requirements of habitability listed in the Civil Code, you need to stop looking for ways to screw your landlord.

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Answered on 6/21/10, 9:47 am


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