If you get a condemned notice, you have to leave the building by the date on the notice, secure it against entry, and then decide whether to repair it, appeal the finding, or let it go. Each of those paths has its own deadlines and costs, and the wrong move in the first few days can multiply what you owe for months afterward. This is what to do if you get a condemned notice, in the order the situation demands.
What the Notice Legally Means
A condemnation notice is a government declaration that a structure is too dangerous, deteriorated, or unsanitary to occupy. Under the International Property Maintenance Code, which most U.S. jurisdictions have adopted in some form, a building qualifies as “unsafe” when it poses a danger because of structural failure risk, missing fire protections, faulty construction, or an unstable foundation. A building is also unfit for occupancy when it is insanitary, vermin-infested, contaminated, or lacks basic ventilation and sanitary facilities.1ICC Digital Codes. 2015 International Property Maintenance Code – Section 108.1.1 Unsafe Structures The notice rescinds the building’s certificate of occupancy. Any continued use is illegal until the problems are fixed and a new certificate is issued.
The land is still yours. This is not the government taking your property. It is telling you the structure on it cannot be used.
Vacate and Secure the Building
Two obligations kick in the moment you receive the notice. Both have enforcement teeth.
Leave by the Deadline
The notice specifies a date by which everyone must be out. The code official sets that timeline based on how severe the hazard is. When demolition has been ordered, the model code requires the building to be vacated within the timeframe the official determines is reasonable.2International Code Council. International Property Maintenance Code For an imminent collapse risk or an active gas leak, that deadline might be measured in hours. For less acute problems, you may have days or weeks.
Once the building is vacated and placarded, going back inside without authorization can lead to criminal trespass charges. So retrieve essential documents, medications, and valuables before the vacate deadline passes. After the placard goes up, getting back in usually requires arranging a supervised entry with the code enforcement office. Not every jurisdiction offers that, and the ones that do typically limit it to a single escorted visit.
Board It Up
You are required to board windows, lock all entry points, and prevent anyone from getting inside. The code official will tell you what “secured” means for your property. If you do not secure the building in time, the local government is authorized to do the work itself and charge you. Under the model property maintenance code, the cost of securing the building is charged against the property and becomes a lien on the real estate.2International Code Council. International Property Maintenance Code Many jurisdictions also add daily fines, and those compound quickly.
If You Are Renting
Tenants face a version of this problem they did not create. A condemnation notice does not automatically end your lease in most jurisdictions, but because the building is legally uninhabitable, landlord-tenant law in nearly every state relieves you of the obligation to keep paying rent for a unit you cannot occupy. Many leases include a clause covering destruction or condemnation that lets either party terminate. Read yours. If the lease is silent, your state’s implied warranty of habitability likely gives you grounds to end the tenancy once the government has declared the building unfit.
Your security deposit is still owed back under the normal rules of your state. Condemnation does not give a landlord a pass on returning it, less any legitimate deductions that existed before the building was condemned. Document the condition of your unit before you leave. Deposit disputes after a condemnation are common and hard to resolve without evidence.
If the landlord’s neglect caused the condemnation, you may have a claim for relocation costs or temporary housing. This varies by jurisdiction. Some cities run emergency relocation assistance programs; others offer nothing beyond what the lease provides. A local tenant rights organization or legal aid office is the fastest way to find out which category yours falls into.
Getting the Condemnation Lifted
You cannot just fix the problems and move back in. Every repair has to move through permitting and inspection, and the code official has to sign off at the end.
Start With the Inspection Report
Request the complete inspection report from the issuing authority. It lists every violation that led to the condemnation. Get this document before hiring anyone or spending a dollar, because your work plan has to address every item on the list. Missing one means failing the final inspection.
Submit a Plan and Pull Permits
Most jurisdictions require a formal repair plan and the appropriate building permits before any work begins. Specifics vary, but the principle is uniform: written approval before you start, licensed contractors for structural and trade work, and a defined timeline. Some jurisdictions give you a set number of days to begin work and require a detailed schedule if the scope is large. Expect progress checkpoints. If work stalls, the jurisdiction can revoke the permits and move toward demolition.
Pass Every Inspection
As repairs progress, inspections happen at various stages, typically covering structural, electrical, plumbing, and mechanical work. Each trade signs off separately. After all repairs pass, the authority issues a new certificate of occupancy. Under the model building code, the certificate is reinstated once you have corrected every condition that triggered the revocation, and the jurisdiction cannot use the condemnation as an excuse to force upgrades beyond what the current violation requires.
The FEMA 50% Rule in Flood Zones
If your property sits in a designated flood hazard area, federal regulations require that when repair costs equal or exceed 50% of the building’s pre-damage market value, the entire structure must be brought up to current floodplain construction standards, essentially the standards that apply to new construction.3FEMA. Substantial Damage Desk Reference That can mean elevating the building above the base flood level, waterproofing below-grade areas, or redesigning the lowest floor.
Some communities calculate this threshold cumulatively, adding all repair and improvement costs over a five- or ten-year period. If past work plus your current repairs cross the 50% line, the full compliance requirement applies.4FEMA. Substantial Improvement and Substantial Damage Flood-zone compliance on top of condemnation repairs is often what pushes the math toward demolition. Get an estimate that accounts for these requirements before committing to a repair path.
Mortgage and Insurance Fallout
Two other pressures usually arrive within days of the notice.
Most mortgage agreements treat condemnation as a default event. When the collateral becomes legally uninhabitable, the lender’s security interest is impaired. Standard mortgage language typically assigns condemnation-related proceeds to the lender and applies them to the loan balance. In a total-loss scenario where the building is demolished, the principal may be considered immediately paid from whatever proceeds exist, and if those fall short, you still owe the difference. Even if the lender does not accelerate the loan right away, expect scrutiny: the bank will want your repair plan, proof of permits, and a timeline. Contact your lender as soon as you receive the notice, not after you have missed a payment.
Homeowners insurance generally excludes losses caused by government action, including condemnation itself. What matters is what caused the underlying damage. If a fire damaged your home and the fire triggered condemnation, your fire coverage may still apply to the fire damage. But the condemnation order as a standalone event typically falls outside coverage. Review your policy and talk to your agent before assuming any repair costs will be reimbursed.
How to Appeal
If you believe the inspection findings are wrong, the conditions are less severe than described, or the code was misapplied, you have the right to challenge the decision.
Under the model property maintenance code, you have 20 days from the date the notice was served to file a written appeal.2International Code Council. International Property Maintenance Code Your jurisdiction may have set a different window, so check the deadline printed on your notice. Missing it usually forfeits the administrative appeal and leaves court action as the only route, which is slower and more expensive.
The appeal goes to a board of appeals, typically at least three members with experience in building construction who are not local government employees.2International Code Council. International Property Maintenance Code The board must meet within 10 days of your filing and issues its decision in writing. A majority vote is required to reverse or modify the code official’s decision.
Filing an appeal generally pauses enforcement until the board hears your case. The exception matters: if the notice involves an imminent danger to life, the stay does not apply, and the code official can proceed with emergency measures regardless. For non-emergency condemnations, the automatic stay buys you time to prepare.
The strongest appeals rest on independent expert evidence. A licensed structural engineer can inspect the property and prepare a written report on the actual conditions. A stability report that documents the building’s real state and outlines recommended fixes carries weight before the board. If foundation or soil issues are central to the condemnation, a geotechnical assessment may also be needed. Understand what the appeal can do and what it cannot: the board can reverse or modify the code official’s decision, but it cannot waive code requirements. If the building genuinely has serious problems, a successful appeal might change the scope of required repairs or the timeline, not make the violations vanish.
What Doing Nothing Costs
Ignoring the notice is the most expensive option available. The sequence is predictable: the municipality secures the building at your expense, daily noncompliance fines accrue, and eventually the government orders demolition.
When an owner fails to repair or demolish a condemned structure in the time allowed, the municipality is authorized to do the work itself. Every dollar the government spends on securing, boarding, or demolishing your building gets charged to you. Those costs become a lien on the property that must be paid before you can sell or refinance. If you do not pay, the jurisdiction can pursue the lien through the same collection mechanisms used for unpaid taxes, up to and including a tax sale of the property. Some owners who thought they were saving money by waiting end up losing the land.
The financial cascade compounds fast. You may be paying or accruing mortgage payments on a building you cannot occupy, daily fines for noncompliance, the municipality’s costs for any work it performs, and eventually demolition costs that can run into tens of thousands of dollars. The property’s value keeps dropping through all of it. If repairs are not affordable, selling as-is to a buyer who can do the work, even at a steep discount, is almost always a better outcome than letting the lien pile grow past the land value.