Legal Question in Landlord & Tenant Law in California

I moved into a guesthouse that I later discovered was illegal because it was in violation of the local building and safety code regulations(i.e., lack of building permits) and as a result of the inspection done, I was forced to move. Could I sue for it being an illegal contract to begin with and recover the rent during the time I lived there? This occurred in Studio City, Ca, which is a suburb of L.A.


Asked on 7/21/11, 4:12 pm

2 Answers from Attorneys

It is not illegal to rent out a living space that is administratively illegal based on building regulations as long as the violations do not make it "uninhabitable," examples being no heat, running water or sanitation. What you can sue for, however, is breach of the rental agreement. They were obligated to provide you a living unit and due to the administrative action regarding the structure, they were forced to breach their agreement with you. I'm not sure what your damages would be, since it would depend on a number of factors, including whether or not you had a month-to-month rental or a lease.

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Answered on 7/21/11, 4:20 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Studio City is within the city of Los Angeles and therefore subject to its rent control ordinance. You may have a claim for non-payment of relocation assistance. This assistance can be as little as $7,300 or as much as $18,000, depending on your circumstances and other factors.

What is of concern is your being "forced" to move. What forced you? Did you voluntarily leave? were you coerced into leaving? These are important facts that will help determine whether you have a claim against your landlord. Good luck...

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Answered on 7/22/11, 8:33 am


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