Legal Question in Landlord & Tenant Law in California

Conversion with no permits through the city and eviction from the residence.

If a landlord rented me a converted garage as a ''granny flat'', but didn't have the

proper permits through the city for the conversion, and is evicting me now

because the city found out and wants the garage converted back, does this

''eviction'' go on my credit and rental history, since it was never a rentable

residence to begin with? And what rights do I have in this situation? The city

inspector told me they had been trying to contact my landlord for at least 2

monthes before I even moved in, with no response from him, so he must have

been aware of this and moved me in regardless. Any advice is appreciated.


Asked on 12/19/05, 3:52 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Conversion with no permits through the city and eviction from the residence.

Typically, an eviction will only go on your credit rating if the landlord has to file an eviction lawsuit against you. In addition to a credit report, some professional landlords also subsribe to tenant screening services that probably won't have anything about this eviction unless your landlord took the time to report this incident. If you move out and cooperate, you might be able to get a new place and a good referral from your current landlord.

The fact that the landlord probably knew about the code violation MIGHT be grounds for fraud. You have to determine for yourself whether it is worth pursuing. Beginning 01/01/06, the small claims limit for individual plaintiffs goes up to $7500. Your damages might include moving expenses, but I am not sure what other damages you might be able to prove.

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Answered on 12/19/05, 4:31 pm


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