Tenant Beware: The Perils of Renting an Unlawful Apartment

Signs that you're living in an illegal unit

Living in an unauthorized unit has various signs. These include no separate utility meters, very low ceilings, no windows or ventilation, visible wiring or plumbing, or no legal address for the apartment. If you have to enter your apartment through another living area or if it appears to have been added or remodeled without professional building, these are also signs.
❓ What are the elements of wrongful eviction in California?
In California, wrongful eviction occurs when a landlord illegally evicts a tenant. Tenants must grasp these forms to defend their rights.
Illegal eviction notices cause rent-controlled tenants to depart. Rent control regulations prevent unfair rent hikes and evictions. A landlord's incorrect eviction notice violates these laws.
Owner-move-in or relative-move-in evictions are also wrongful. If a tenant or relative wants to move in, a landlord can evict them. The landlord or relative must move in within a certain timeframe. Wrongful eviction occurs if the landlord or relative doesn't move in within this time.
Wrongful eviction violates tenant rights. Consult a tenant law attorney if you think you were unlawfully evicted. They can explain your rights and assist you seek justice.
❓ Is my California landlord liable for renting an illegal apartment?
If your California landlord rents you an illegal flat, you may be able to sue. Unpermitted or unzoned apartments are illegal. The city or county may fine landlords who violate these restrictions.
The landlord may have to expel the renter from the unauthorized unit. Tenants who were ignorant of the unit's illegality may be distressed. Tenants have rights, so know them. If you're evicted because the unit's illegal, you can sue the landlord for violating your rental agreement. This could result in compensation for eviction-related damages like moving costs or higher rent.
If this happens, get legal advice. A lawyer can explain your rights and advise you through suing your landlord.
❓ Can Californians rent unpermitted ADUs?
Renting an unpermitted Accessory Dwelling Unit (ADU)—also known as a granny flat or in-law unit—in California can have serious legal and financial ramifications. Unpermitted ADUs don't fulfill municipal building and safety requirements.
You risk city or county penalties and citations if you rent such a unit. These fines enforce zoning restrictions and guarantee rental properties satisfy safety and habitability standards.
If your tenants find they're in an unpermitted ADU, they may sue you. This could result in a court order compelling you to return all rent and utilities payments the tenants paid while residing in the unit.
Given these concerns, renting out an ADU without permissions is risky. If you're building an ADU, it's worth the effort and money to get permits and comply with local rules. This can prevent legal difficulties and ensure your tenants' safety.