No Certificate of Occupancy and UninhabitalLiving Conditions

[damanner]

What is the name of your state (only U.S. law)?
San Jose, CA

So I moved in just under two months ago to a studio behind a house. The lease is a one month and renewed every month. Everything was going great until last night. I have a portable AC running since there is no AC in the studio. They told me that I had had it on too long and since their lease said "tenant must be eco-friendly" they were going to take money out of my security deposit. So I did some research on the house. I should first say that I am in the construction industry, so I know a fair deal about permits and what's required to in a new constructed house. There were no fire sprinklers, and the roof was clearly put on poorly, which was causing leaks and dry rot of the plywood underneath, which I could see from the ground. The house was built around 6 months ago. I have pictures of both the lack of sprinklers, basically just a capped of piece of PVC pipe protruding through the wall.
I was doing some research and turns out the landlord needs to provide the tenant with a certificate of occupancy at the beginning of the lease. Without this, the LL cannot collect rent and the lease is not valid. I never received this, so when I got home from work last night, I requested. The landlord played ignorant for a few minutes then told me she would be right back. About 5 minutes later, she came back and said there was none of the studio. I told her that I wanted to move out tomorrow since the lease was not valid and I wanted my security deposit back.
This morning, she gave me my security deposit back the pro-rate for the rest of the month that I will not be staying there. Is there any more legal action I can take for living in uninhabitable conditions, and paying rent to the LL who was illegally collecting it?

 

[Zigner]

What is the name of your state (only U.S. law)?
San Jose, CA

So I moved in just under two months ago to a studio behind a house. The lease is a one month and renewed every month. Everything was going great until last night. I have a portable AC running since there is no AC in the studio. They told me that I had had it on too long and since their lease said "tenant must be eco-friendly" they were going to take money out of my security deposit. So I did some research on the house. I should first say that I am in the construction industry, so I know a fair deal about permits and what's required to in a new constructed house. There were no fire sprinklers, and the roof was clearly put on poorly, which was causing leaks and dry rot of the plywood underneath, which I could see from the ground. The house was built around 6 months ago. I have pictures of both the lack of sprinklers, basically just a capped of piece of PVC pipe protruding through the wall.
I was doing some research and turns out the landlord needs to provide the tenant with a certificate of occupancy at the beginning of the lease. Without this, the LL cannot collect rent and the lease is not valid. I never received this, so when I got home from work last night, I requested. The landlord played ignorant for a few minutes then told me she would be right back. About 5 minutes later, she came back and said there was none of the studio. I told her that I wanted to move out tomorrow since the lease was not valid and I wanted my security deposit back.
This morning, she gave me my security deposit back the pro-rate for the rest of the month that I will not be staying there. Is there any more legal action I can take for living in uninhabitable conditions, and paying rent to the LL who was illegally collecting it?

Normally, I'd tell you that you aren't entitled to recover any of the rent you've already paid, HOWEVER, based on where you live, I'd suggest that you have a brief chat with a local tenant's rights attorney.

 

[DeenaCA]

See the San Jose Municipal Code Title 17, Chapter 17.20, Part 8: https://www.municode.com/library/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.20HOCO_PT8REOCPE

You can report a suspected code violation online, by phone or in person. See http://www.sanjoseca.gov/index.aspx?NID=3361

 

[damanner]

Normally, I'd tell you that you aren't entitled to recover any of the rent you've already paid, HOWEVER, based on where you live, I'd suggest that you have a brief chat with a local tenant's rights attorney.

Thanks, a close family friend who I have known since I was 5, is a lawyer. He works in a different county, but he is more than happy to give me advice whenever I need it. I'll ask him if I should try and get my money back, or just leave it. I'm already in contact with him and expect a call later this afternoon.
Thanks again!

 

[Zigner]

Thanks, a close family friend who I have known since I was 5, is a lawyer. He works in a different county, but he is more than happy to give me advice whenever I need it. I'll ask him if I should try and get my money back, or just leave it. I'm already in contact with him and expect a call later this afternoon.
Thanks again!

Unless he's a landlord/tenant attorney or he specializes in tenant's rights, then you'd be better off speaking to a local specialist IN YOUR COUNTY.

 

[damanner]

Unless he's a landlord/tenant attorney or he specializes in tenant's rights, then you'd be better off speaking to a local specialist IN YOUR COUNTY.

Ok I'll have him recommend someone in my county to me.
Thanks again!

 

[birdbrain53]

Just a note on the Certificate of Occupancy:

If one goes to the City page here http://www.sanjoseca.gov/index.aspx?NID=445

You will find out that the Certificate of Occupancy is required for multifamily units of 3 or more.

A studio behind a house is not required to have a certificate unless there are 3 units or more on the lot.

 

[Zigner]

Just a note on the Certificate of Occupancy:

If one goes to the City page here http://www.sanjoseca.gov/index.aspx?NID=445

You will find out that the Certificate of Occupancy is required for multifamily units of 3 or more.

A studio behind a house is not required to have a certificate unless there are 3 units or more on the lot.

Have you checked the county requirements?

 

[birdbrain53]

Have you checked the county requirements?

Santa Clara County only inspects for housing violations, does not issue Occupancy permits.

I live here and rent so have a fairly good understanding of the requirements.