Legal Question in Real Estate Law in California
We have a unit ( includes kitchens and stove). An inspector from the city gave us a notice of code violation on June 22 requesting that we convert it to a room ( remove all kitchen area) and vacate for human habitation.
The tenant seeked help from the CLRA.(california rural assistance). They sent us a legal letter requesting that we pay her relocation expenses within 10 days.
The tenant's lease expires at the end of July.
My husband is suggesting that we contest the violation finding such as we can win some time by getting an appointment with the Planning Director and by the time the violation is recorded the lease would have expired.
Would this work?
I appreciate any help that you can provide on this subject.
2 Answers from Attorneys
I could not recommend contesting an inspection finding unless you have some plausible reason to believe the inspector made a mistake, or that some right of your will be infringed. If you can complain in good faith, by all means give it a try. Lawyers should not give advice suggesting a frivolous action.
It sounds like to me that you had a room illegally converted to another rental unit, and then rented it out. The tenant complained, so stalling is not going to change the fact that it was illegal when you rented it to the tenant.
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