Legal Question in Real Estate Law in California

Re: Tenant threat, landlord no permit

Technically, if I understand your question, what you mean is that you do not have a business license and that it is possible that the City where you are has zoned the house as a single family dwelling. Technically, the tenant does have a theoretically viable defense. In my opinion, the court will grant the unlawful detainer and the past due rent upon the grounds that the tenant has unclean hands--he was in violaiton of the City Oridnance as well, so it is not fair for him to raise this argument (or on the grounds that this is a summary proceeding and therefore the court will not consider any legal defenses). On the biz license issue, I recommend you take your chances and go to court, if it becomes a problem for the court, you can ask the court to continue for one week until you get the license. Note that the drawback is that the City will make you pay back taxes.

Re: Tenant threat, landlord no permit

The Zip code you gave suggests the property is in Paramount, which as far as I can tell has no rent-control ordinance. Even if you were operating under a Los Angeles-type local ordinance, you wouldn't be required to register if the property is a single-family residence on its own lot.

Renting your house is not the kind of economic activity that one ordinarily associates with a requirement for a city business license. None of the references I use on 'landlording' advise a property owner to obtain a business license or otherwise to register (outside of the rent-controlled cities). Therefore, I would tentatively advise you that 'failure' to obtain a city business license is not a barrier to collecting rent.

Re: Tenant threat, landlord no permit

What do you mean registered owner. If you own the property or if you are the agent of the owner that is enough. A signed lease with the tenant and your verficiation on the Unlawful Detainer Complaint should be enough.

If you live in a Rent Controlled area, there may be something I am not aware of.

Joel Selik

Attorney At Law-Real Estate Broker

800-894-2889

www.4thelaw.com

Re: Tenant threat, landlord no permit

I'd love to evict this tenant with such a feeble excuse. Please fax me your rental agreement and any letters or notices to 714 363 0229. I will provide you with free consultation and tell you what we would charge to evict him.