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I have a home in California built originally in the 1920s

Resolved Question:

I have a home in California built originally in the 1920's that I am going to rent out.
Does the stove have to be vented to comply with Rental Code?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Pro replied 1 year ago.

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Regretfully, yes, although the home is "grandfathered in" for sale and to be the buyer's residence - a property does have to comply with the local and state building code to be rented.


Bbecause of a California Supreme Court case, called Green v. Superior Court, which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.

Green v. Superior Court (1974) 10 Cal.3d 616, 637-638 [111 Cal.Rptr. 704, 718-719].


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Law Pro, Lawyer
Category: Real Estate Law
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Experience: 20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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