Legal Question in Real Estate Law in California

Zoning

I have a home that is zoned single family. i would like to divide it and make two rentals out of the one house. What do i need to do to do this?


Asked on 7/16/07, 1:55 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Zoning

You have two areas of concern. The first is in the zoning and use area, as you inquired about. Simple inquiry at your city (or county) planning and permits office should reveal whether two-family rental use is possible with a variance, or whether you need to go through a more complex application process to try to get the zoning changed.

The second area of concern is physical alterations to the building. Be certain to obtain all necessary permits and use licensed contractors. Concerns are possible in several areas, but fire safety comes quickly to mind, as well as parking.

When you get into the landlord business, I recommend getting a self-help law book (Nolo Press etc. type) that covers landlord rights and duties.

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Answered on 7/16/07, 10:31 am
Daniel Harrison Berger Harrison, APC

Re: Zoning

A ton of work. You have various issues to deal with through the City and County, architects, contractors, construction loans, insurance, mortgages, contracts, etc.

You first need to determine whether the project will pencil, i.e. whether it makes financial sense to go forward with the project.

You should consult a knowledgeable architect in your city to get started. The architect should be able to help you with forecasting costs associated with obtaining a zoning change or variance, city development fees, permit fees, and cost of construction. If the deal still pencils, you should then consult with an attorney to help you implement your plan.

Your question is a broad one and cannot be answered in any specific manner in an email. There are volumes of books which cover this topic alone.

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Answered on 7/16/07, 10:47 am


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