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What proof do I need in Civil Court to present that that the…

What proof do I need...
What proof do I need in Civil Court to present that that the landlord must pay the cost of bringing the building to code?
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Answered in 6 minutes by:
1/22/2018
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,062
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You would need a report from Code Enforcement or the Housing Inspector that shows any code violations that have been noted and that the landlord has been ordered to make repairs. They inspect for free and you can then get a copy of the report to use in court.

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But whether the landlord is obligated to upgrade/repair the property would depend on your contract with the landlord if this is a commercial property. If the lease says you are taking the property as is, then the tenant would have to make repairs to it if it is not up to code.

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If this was a residential property, like a house, then the law imposes a legal duty on the landlord to make sure that the property is habitable for human occupation. But with commercial properties, the contract controls who is liable for repairs and maintenance. However, normally the landlord would be responsible for code violations if the contract is silent about it.

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thanks

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,062
Experience: Attorney over 17 years, landlord 26 years
Verified
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