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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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If I buy a rental property that has an unpermitted garage conversion

Customer Question

If I buy a rental property that has an unpermitted garage conversion that is being used as a bedroom and there is a fire in the house and someone gets injured or God forbid killed in that room, would I be negligent or otherwise liable because it wasn't a permitted bedroom, everything else being equal?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Yes, this scenario could lead to an a cause of action against the landlord for "premises liability" - it would not automatically make them liable for the injury or death, but it certainly could be used as a factor in leading to this additional liability.
Customer: replied 2 years ago.
So were the garage conversion permitted and otherwise up to code, I could *not* be help liable for premises liability, everything else being equal?
Expert:  CalAttorney2 replied 2 years ago.
If everything is done up to code, the landlord should not have this type of issue.(even if the two construction projects are identical in structure, but one is permitted and one is not, the one that is not permitted will cause the landlord more problems in the event of a loss than the one that is properly permitted).

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