Legal Question in Landlord & Tenant Law in California

can i sue my landlord for past rent or moving expenses if the room i rent is illegal. its a romm on the lease but really aconverted garage with no access to main house. i looked up city record and there is no permit listed for the conversion of the garage. i was told when i moved heater works it doesent so i have a space heater, toilet constantly clogs and roaches. my lease is month to month. land lord says she going to fix problems but its been months. also the family in the main house myself and a guy who rents the other room all have same mailbox as well as utilities. all have seperate entrances


Asked on 1/14/13, 5:32 pm

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

The simple answer is yes but it requires you to follow very specific things to preserve the option

California has a good resource on landlord tenant issues

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

You have to given notice, need a housing inspector, wait the appropriate tie etc...

This outlines many of your remedies....good luck

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Answered on 1/14/13, 9:29 pm

Mr. Green gives correct advice. Just to clarify though, the fact that a unit is illegal doesn't get you out of owing rent to live there. It is the lack of heat and working plumbing that makes the property uninhabitable, not the lack of permits.

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Answered on 1/15/13, 3:20 pm


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