• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Due process question.

bldginsp

Bronze Member
Joined
Oct 22, 2009
Messages
68
Location
Eastern US
Are the tenants compelled to make notification to the landlord of a property maintence issue before getting the local government body involved. We have a difference of opinions in my office. I believe that the tenant would need to prove that they have given the landlord proper notification before calling the building inspection office. Can you give me case law or code references. Thanks.
 
Re: Due process question.

never heard they had to

what state are we talking about??
 
Re: Due process question.

Nothing in the 06 and earlier Property Maintenance Codes that I know of. Know of a few cities that made that a local amendment.
 
Re: Due process question.

Article 6.

Retaliatory Action.

§ 55-248.39. Retaliatory conduct prohibited.

A. Except as provided in this section, or as otherwise provided by law, a landlord may

not retaliate by increasing rent or decreasing services or by bringing or threatening to

bring an action for possession or by causing a termination of the rental agreement

pursuant to § 55-222 or § 55-248.37 after he has knowledge that: (i) the tenant has

38

complained to a governmental agency charged with responsibility for enforcement of a

building or housing code of a violation applicable to the premises materially affecting

health or safety;
 
Re: Due process question.

Check with your city attorney. There is nothing in the published codes requiring the tenant to provide notice to the landlord prior to calling the local jurisdiction. Is it common courtesy - Yes, common sense - Yes, however both of those are out of our realm of responsibility. If you receive a complaint and you have the appropriate codes in place, you must act.
 
Re: Due process question.

Owners of property are expected to know what condition their property is in.

That said, most complaints I have acted on involved unpaid rents.

That said, many of the properties I saw due to complaints linked to safety concerns were well justified. Tenants usually have to leave anyway, but if conditions are bad enough the owner cannot rent them again till brought up to code.
 
Re: Due process question.

I agree with cboboggs! It ' SHOULD BE ' the courteous and common sense thing to do for a tenant to notify

the landlord of any problems within the dwelling. However, I think that most tenants do not have a grasp of the

actual procedures / steps needed to "legally" notify someone ( i.e. - return receipt mail notification ).

In our area, if we receive a call from a tenant describing problems with a landlord, first, we ask them if they have

discussed the problem(s) with the landlord. We would then ask for a time frame of discussions. If no resolution

to the problem(s) has taken place, we then instruct the tenant to notify the landlord in writing and obtain a

return receipt by mail.

 
Re: Due process question.

I have always advised complainants to talk to the landlord first before getting the City involved. Like globe trekker stated, most of the complaints usually centered around unpaid rents.
 
Re: Due process question.

I use to run into a lot of tenants that were scared to bring big problems to the landlord. Also ran into a lot of tenants that lack of ability to pay rent was the real reason for the complaint.

But if you don't have a code that states they have to notify the landlord first how do you require that to happen? Sure its common sense and courtous thing to do as stated above, but code doesn't require it. And in a lot of instances I prefered the owner not have a chance to scare off the tenant during a complaint. We had some pretty sorry housing stock and wanted to see everything we could. Guess a difference in the mission.
 
Re: Due process question.

When inquiries like this come to me, I always ask two questions (not in order):

Have you contacted your landlord? What was the response?

Is the rent paid up to date?

OK, three questions....
 
Re: Due process question.

Like others have said it usually involves rent.

If the client really wants us to inspect the place for violations we first ask if they are prepared to move out since if major violations are found the electric gets called to be turned off. Most times it you don't need to come out. Those few we have been on resulted in the above option and/or a minor outlet cover missing thing.

Worse was the old panel with pennies under the fuse and people living there.
 
Re: Due process question.

We do not require landlord notification but most of our cases involve a landlord that has been notified but will not fix the issues. The tenants are supposed to be protected by the Virginia Landlord Tenant Act but the landlords still manage to evict most of the ones that get the county involved. We usually do not let the owner rent the property to new tenants until all violations are compliant.
 
Re: Due process question.

I'm not a lawyer, but have worked with some very good ones... Generally speaking, no the tenant is not required to notify the landlord first.

However it is a good idea, and wheather or not they DID could affect how the situation is handled. Without prior notice of defect, the best approach for the municipal official is to start by contacting the landlord, advising him of the violation and providing him 'reasonable opportunity to correct or abate the violation'.

If, however the tenant has documented attempt(s) at redress directly with the landlord, the municipality may want to start with a formal notice of violation and more limited time to correct or abate. With a chronic 'offender' you may even start with an appearance ticket.

I always encourage a tenant to maintain a working relationship with their landlord, but that is not always an option. Some owners are simply 'slumlords' and refuse to do the right thing without government intervention. If you are unsure of what approach to use, get your municipal attorney involved - better safe than sorry.
 
no..

having said that.. they also have no protection from eviction once the landlord gets involved. I've always explained that to tenants before I ever sent an inspector in...

and yet.. they seem so shocked they are potentially homeless once the landlord gets the notice of violation.

AND I have been in some really, truly nasty rental properties (roaches up to my ankles... bed bugs .. no power.. no water)..

They need to contact (and document that they did) the landlord.. certified mail is best... for them.. not for the building department.. once they involve the government, they are really at risk.
 
When I was plumbing; had a lady in a rent home nearby ask me to check out a gas leak. I told her to call her landlord (who I did work for) and that he would call me to check it out.

She said "NO, I'll call the Gas Company"!

I said; "If you do they will cut your gas off; and it will be several days before you get it turned back on".

She called the Gas Company; they had her sign a paper that she smelled gas and suspected a leak.

They turned her gas off.

She then called the landlord; who called me; and, I found a pin hole leak near the water heater; repaired it; tested the line; called the City; and, got an Inspection;

And, four days later; her gas was turned back on.

All she had to do was call the landlord and she would have never been out of gas.

Anyway, don't allow tenants to get you involved with "landlord/tenant" problems. Most States have laws that protect both parties; and your Department Head needs to become aware of them; and set a policy (in accordance with State Laws) to handle the situation.

Uncle Bob
 
landlord/tenant issues are civil matters..

There may be code issues involved (roaches.. ick)..

Code officials end up being the monkey in the middle... yep.. it's a violation.. I can write a citation (or call the appropriate agency to do so).. catch the land lord off guard, and I'm betting the tenant's rent check will get "lost"... and they are evicted... rather than fixing the problem..

Some land lords would (apparently) have a unit sit vacant and fight a legal battle than fix the darn violation, and keep the tenant.

Property maintenance is a nasty business!
 
What is really interesting when you get into these is that you try to explain to these tenants that once you get involved, and there is ACTUALLY a problem that makes the dwelling uninhabitable......

I'M GOING TO POST IT!!!!!!!!!!!!

Then they are out of their housing......... not out of their lease........back rent..........but out on the street. I can't MAKE a property owner fix it, only prevent it from being lived in........ sheeesh..........
 
you don't get to take sides in these matters.... both the landlord and tenant are going to be unhappy once we get involved. For whatever reason the tenant wants the building department involved, they need to understand that it probably isn't going to turn out well for them.
 
Top