Cal. Civ. Code § 15E
Action against owner; injuries due to defects violating building code; defense; waiver
Operative Text
Section 15E. An owner of a building shall be precluded from raising as a defense in an action brought by a lessee, tenant or occupant of said building who has sustained an injury caused by a defect in a common area, that said defect existed at the time of the letting of the property, if said defect is at the time of the injury a violation of the building code of the city or town wherein the property is situated. Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
Massachusetts General Laws c. 186 § 15E removes a specific defense that building owners might otherwise use when a tenant, lessee, or occupant is injured because of a defect in a common area. Specifically, if the defect constitutes a building code violation at the time of the injury, the owner cannot escape liability simply by arguing that the defect already existed when the tenancy began. The law also renders void any lease or rental agreement clause that attempts to waive this protection.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 15E, compliant property operators generally ensure that common areas are maintained in conformance with applicable local building codes throughout the tenancy, not just at move-in. Because the statute eliminates the 'pre-existing defect' defense when a code violation is present at the time of injury, operators typically conduct ongoing inspections and address code-related conditions promptly. Attempting to include a waiver of this provision in a lease is ineffective, as such clauses are void and unenforceable by statute.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 15E provides tenants, lessees, and occupants with a meaningful protection: if you are injured in a common area due to a defect that violates the local building code, the building owner generally cannot defeat your claim solely by arguing the defect predated your tenancy. If you believe this provision is relevant to a situation you have experienced, general enforcement paths include raising the statute as part of a civil action, filing a complaint with your local building or housing inspection department, or consulting a tenant-rights organization familiar with Massachusetts housing law. Any lease language purporting to waive the rights established under § 15E has no legal effect.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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