Illegal garage conversion by tenant

[adjusterjack]

Here is a link to (what I believe is) the applicable state law:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0553/Sections/0553.79.html

IF this is the appropriate law (and my research was brief), it states in part: “...it shall be unlawful for any person ... to construct, erect, alter, modify, repair, or demolish any building in this state without first obtaining a permit ...”

Yes, that's the state law that empowers local governments to enforce building codes.

However, as we all know, laws don't prevent people from breaking them, laws give governments the means to punish people for breaking them.

I read further in Chapter 553 and found two methods of punishing those that violate the building codes.

The first is 553.83 which allows local governments to obtain injunctive relief against the violator:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.83.html

The second is 553.84 allows any person who is damaged by a violation to take legal action against the violator:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0553/Sections/0553.84.html

 

[LdiJ]

Here is a link to (what I believe is) the applicable state law:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0553/Sections/0553.79.html

IF this is the appropriate law (and my research was brief), it states in part: “...it shall be unlawful for any person ... to construct, erect, alter, modify, repair, or demolish any building in this state without first obtaining a permit ...”

You are accurate that it's against the law to do things without a permit. No one disagrees with you about that. The question is whether or not that is also a code violation. Code violations are normally technical matters. Its quite possible that a totally unpermitted matter could meet "code".

 

[quincy]

You are accurate that it's against the law to do things without a permit. No one disagrees with you about that. The question is whether or not that is also a code violation. Code violations are normally technical matters. Its quite possible that a totally unpermitted matter could meet "code".

Huh? The garage conversion was already said to be a code violation - and the state law states it is a violation of the law.

 

[LdiJ]

Here is a link to (what I believe is) the applicable state law:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0553/Sections/0553.79.html

IF this is the appropriate law (and my research was brief), it states in part: “...it shall be unlawful for any person ... to construct, erect, alter, modify, repair, or demolish any building in this state without first obtaining a permit ...”

Yes, that law specifically states that you have to have a permit. We don't disagree on that at all. Its illegal to do work without a permit.

That same law goes on further to state that the permit will be taken away if the actual plans and construction, once inspected, are not up to code.

So the law that you are citing backs up the point I was making. Non permitted work can be up to code. Its still illegal to do work without a permit, but that doesn't automatically mean that the work itself isn't up to code.

 

[adjusterjack]

Non permitted work can be up to code. Its still illegal to do work without a permit, but that doesn't automatically mean that the work itself isn't up to code.

I agree with that.

 

[quincy]

HomeMike already said the garage conversion was a code violation. Not only was there no permit for the work, it violated code to have no smoke detectors or inspections.

I understand what you are saying, but it does not apply to HomeMike.

 

[HomeMike]

Update: Tenant is a handyman. His wife has a new job: She is in property management since two years. ;-)

The wall was gone over night. They send pictures from the demo and it looks as if there had never been an office.

They took our notices serious.

Thanks for all your help!

 

[quincy]

Update: Tenant is a handyman. His wife has a new job: She is in property management since two years. ;-)

The wall was gone over night. They send pictures from the demo and it looks as if there had never been an office.

They took our notices serious.

Thanks for all your help!

Thanks for the update.

So ... is your tenant going to pay the fine?

 

[adjusterjack]

is your tenant going to pay the fine?

What fine?

The bank appraiser found the condition. There is nothing in OP's posts to suggest that he was ever cited by the code enforcers.

 

[quincy]

What fine?

The bank appraiser found the condition. There is nothing in OP's posts to suggest that he was ever cited by the code enforcers.

Ahh. Then maybe there will be no fine.

 

[HomeMike]

There is no formal fine. The city does not know. There fine would have been three times the permit fee. And they would require formal permit, on code work and inspections.

However, this came up during an appraisal for a refinancing. The bank requests a new appraisal. Also, this delayed the whole refinancing of many properties.

But I guess it will be hard to push these “costs” onto the tenant, despite mentioning them in the 7-day-notice.

 

[quincy]

There is no formal fine. The city does not know. There fine would have been three times the permit fee. And they would require formal permit, on code work and inspections.

However, this came up during an appraisal for a refinancing. The bank requests a new appraisal. Also, this delayed the whole refinancing of many properties.

But I guess it will be hard to push these “costs” onto the tenant, despite mentioning them in the 7-day-notice.

Thank you for the clarification, HomeMike.

I hope your second bank appraisal goes well.