Landlord legal requirements to code
Hi BP community!
Have others found resources in your state/city that have provided explicit guidelines for landlord responsibilities for keeping items up to code?
I’m trying to plan for an older property that I’ll swap from my house hack to a LTR in the next few months. The house has a few (expensive) items not to code - things like the electrical box and radon mitigation system. I’m trying to figure out where to find a source of truth for legal requirements as a landlord to update these type of items and on what timeline I’m potentially obligated to do so.
I’ve talked to some who have said generically that if the items were in code when the house was built, I have no legal obligation to make the updates before tenants move in.
Curious if others have experience with this or can point to any helpful reference materials.
Thanks everyone!
Alyssa
Location is vital to answer this question.
Lead, asbestos, radon you have to disclose and every state has different forms.
Electrical box -doesn't meet NFPA 70 and state and city codes? Is it a fire hazard? Will it harm a worker? House older than 1970? Ground faults can kill. Outdoor receptacles uncovered are as much a hazard as badly configured panels.
Does the house have unpermitted work?
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#5 Multi-Family and Apartment Investing Contributor
- Investor
- Shelton, WA
Code enforcement in your city/county etc. will spell it out for you. Some places require an inspection for rentals that the property owner pays for. I consider that a good thing.
I'm not sure you'll find this as a requirement written out for you. It likely (I'm surmising from what I do know about codes) is based not on a written code, but on more of a legal understanding. What I mean by that is if something went to court would a judge say that if you build something and it is built correctly and to code for the time (whenever that may have been) should the world changing around you require you to change too? And the answer is 'no', unless the law specifically states otherwise. A lawyer could likely explain the legal theory and case law behind that. Now when you work on something specifically out of code then you do need to bring that item to code e.g. you replace an electrical panel then the panel needs to meet today's code. But you aren't required to rewire the entire house at that point, just address the panel and any obvious safety deficiencies related to the panel upgrade.
I have seen codes changes that then require noncompliant buildings to be updated whether it was planned or not. Specifically the codes I've seen this impact are:
1) in CA hospitals, schools and some others have a requirement to complete seismic retrofit upgrades. I think there was 10 years to complete this. Currently many hospitals in our area are being completely rebuilt or replaced as the cost was sufficient to warrant instead getting a new state of the art facility and increasing capacity instead of retrofitting an outdated hospital.
2) A requirement to install fire alarms and sprinklers in some cases. These were for 'assembly' spaces e.g. daycares, schools, church etc.
In both of these type of scenarios the requirement was passed at the State level years in advance and owners were given time to figure it out. Notices were mailed and news was published, so no-one was surprised on the last day that they were somehow 'noncompliant' suddenly. They also were all commercial or facility type properties, I've never seen the same on SFR.
Quote from @Dave Spooner:
Hi Alyssa! Our team has written out landlord-tenant laws for all states. Many of our landlords found this useful. I hope this is helpful!
Wow, this is helpful!