By Paul M. Collins, Esq.
What Can I Do If My Problematic Rental Unit Is Not Legally Constructed?
Introduction
If you suspect your problematic rental unit is not legally permitted for residential occupancy, or otherwise has unpermitted construction, you’re likely juggling safety concerns, habitability worries, and a tangled legal framework. California’s building codes—Title 24 of the California Code of Regulations—set minimum construction standards. Units built without proper permits or inspections can lack essentials like adequate egress, required ceiling height, or proper electrical wiring. In this post, we’ll cover signs to look for, California Civil Code § 1941.1 remedies, and practical steps to address illegal construction without giving formal legal advice.
Recognizing Signs of Illegal Construction
A rental unit that wasn’t legally constructed often shows tell-tale defects: low ceilings under 7 feet, windows that don’t meet minimum egress sizes, or makeshift electrical outlets. Maybe you notice unpermitted room additions or walls that block escape routes. Crawl spaces might be too small to permit inspections, or load-bearing beams could be missing. These defects can jeopardize your safety—especially during emergencies—and may violate habitability standards under California law. Document every defect with photos and notes: date, location, and a brief description of the hazard.
Tenant Rights Under California Civil Code Section 1941.1
Under Civil Code § 1941.1, landlords must ensure premises are “fit for human habitation.” If your unit fails this test—because it lacks proper construction—the landlord is on the hook to repair, demolish, or bring the unit up to code.
When to Involve Code Enforcement
If your landlord ignores your written notice or disputes your claims, escalate to your city or county building department. Many municipalities have an online portal or dedicated phone line for unpermitted construction complaints. Once you file, an inspector may visit to verify code violations. If confirmed, the landlord may be required to obtain retroactive permits, pay fines, and make corrections to comply with relevant municipal and state standards. In some cases, building officials can issue a “stop-work order” requiring immediate cessation of hazardous conditions—like removing drywall that blocks a fire exit. Keep copies of all complaints, inspection reports, and correspondence to establish a record.
Potential Impact on Rent and Lease Agreements
Discovering an illegally constructed unit can have a silver lining: reduced rent or lease renegotiation. Some tenants negotiate a rent reduction while fixes are underway. Others have successfully negotiated lease terminations without penalty—essentially, “broken lease” without repercussions—citing uninhabitable or noncompliant conditions. Of course, always consult a qualified attorney before withholding rent.
Conclusion
Living in a problematic rental unit not legally constructed can be stressful, but you have options under California law. Consider the following:
- Document every defect.
- Send a detailed written request for your landlord or property management to address the issue.
- Involve code enforcement if your landlord doesn’t comply.
Understanding building code frameworks and tenant remedies empowers you to demand a safe, habitable home. Stay vigilant, keep records, and reach out for professional guidance if you need help navigating the process.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified attorney or local tenant advocacy organization for guidance specific to your situation.
