Legal Question in Real Estate Law in California
Illegal Unit
I've lived in a converted garage in the city of Los Angeles since 1993. It's a single unit with no kitchen or oven. I have a 60-day notice lease, which allows me pets (2 cats and a dog). I have never been late on payment. I've never had complaints about my animals. I've singlehandedly prevented my neighbors from calling the city about the illegal unit, and I've also paid the water department when they came to shut off the water because my landlord wouldn't pay the bill. In the past, I've also paid off his foreclosure notices. Because of rain damage, the ceiling has a large hole in it. I also have a termite infestation. This January, he raised my rent from $585 to $615. On January 17th, just (2) days after I paid my rent, he demanded that I advance him the rent for February and March because he needed to pay his taxes and pay for his girlfriend�s hospital stay. I refused. Since then, he's been sullen toward me.This last Monday (6/17/02), I came home at night to find he had put a backdated letter (6/14/02) in my unit. He wants me to start paying $700 a month within 30 days (my lease states 60 days must be given) because my cats poop on his lawn. Every dog and cat in the neighborhood use it, but he blames me.What are my rights here?
2 Answers from Attorneys
Re: Illegal Unit
Well, for one thing, you have a statutory right to 60 days notice because the proposed rent increase exceeds 10%.
Whether the unit is legal or not is primarily the landlord's concern; in many cases the tenant would not even be in a position to know whether permits had been obtained and inspections performed, for example. Nevertheless, if the building is red-tagged, you'll be out.
You have a right to refuse to lend him money and a right to have the place made 'tenantable' which means no major roof leaks. Can't say about the termite problem, probably no special rights there. As to pet poop and other matters, these are social worker or psychological counselor issues, not legal issues, as you probably recognize.
Mose of the other stuff is
Re: Illegal Unit
Continue to pay your monthly rent. If he gives you a 3 day notice for rent in advance, contact me for free consultation. That is illegal.