Legal Question in Real Estate Law in California

Re: Rental of a guesthouse

did you have permits to build it? You check city zoning?

Re: Rental of a guesthouse

You should be concerned if:

1. You had no permits to build the unit.

2. The City zonning in which the unit is located prohibits multiple dwellings on a single lot, prohibits renting one unit of a multi-unit property, or you are in a rent control district.

3. Your "tenant" is engaging in any illegal activities.

Re: Rental of a guesthouse

If you built it without permits, it is illegal.

Re: Rental of a guesthouse

If you did not originally obtain a building permit, submit plans, pay the necessary fees, and have the project inspected throughout the construction process then there may be local ordinances that were violated.

Also, if there were never approved plans or a building permit, your project may not comply with property line setback requirements and/or the building, plumbing, electrical and mechanical codes.

Hire a general contractor to look at the building and assess whether it appears to comply with these requirements. Consider going to the local building department to obtain an "as built" permit. You may have to pay additional fees if you did the work without the necessary plan approvals, permits and inspections.

Beware, all of this may trigger a property tax reassessment because of the improvements made.

Finally, and most importantly, consult with a nearby lawyer knowledgeable in real property law and experienced in dealing with the building and planning departments.

Re: Rental of a guesthouse

The most important question is whether or not you got building permits for the guest house. Each community will have zoning laws that impact your situation and it will depend on how your property is zoned.

If you obtained building permits, then the building department presumably reviewed the plans for compliance with zoning laws. Zoning laws will cover topics like density, setback requirements and utility access.

Contact your local zoning office and they can tell you how your proeprty is zoned and answer most of your questions. If you need further assistance, consult a local land use attorney.

Re: Rental of a guesthouse

In addition to the foregoing answers, dealing mainly with permits and overall legality, there are a few considerations regarding the specifics of a rental unit. One that comes to mind is the requirement for deadbolt locks. I suggest you get a paperback book by Nolo Press or any of several other publishers on the general subject of how to be a landlord. You'll learn about things like taking and refunding deposits, doing background checks, proper and improper notice and eviction practices, toxic mold, and so on. Well worth the twenty bucks or so it'll cost.