Legal Question in Landlord & Tenant Law in California

tenant laws

I have been renting a house that is an illegal dwelling ( not permitted ) in CA. Am I entitled to receive payment equal to the monthly rent I have paid for a year and a half, due to the fact that I am living in an illegal dwelling?


Asked on 12/26/07, 7:40 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: tenant laws

I assume you are not covered by rent control laws. I am not sure of the answer to your question, but I would think that you are not entitled to any thing back from the time you learned it was illegal. And if the illegality is for some reason that does not make the place somewhat uninhabitable [no heat, ceilings too low], do you think anyone would award you all of your money back when you had the advantage of living there?

Try to bargain with the landlord for a rent reduction and some rebate. If you have to hire a lawyer it will cost you more than you get awarded.

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Answered on 12/27/07, 3:58 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: tenant laws

You really do not give enough facts to answer.

Why is it illegal? When did you learn it was illegal? Did the landlord know it was illegal, and, if so, since when?

Mr. Shers has given you an excellent answer, assuming some of your answers.

Pleases resubmit with more facts, if you don't think Mr. Shers' assumptions are corect.

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Answered on 12/29/07, 3:23 pm


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