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I have been renting a guest house for 3 years. Building and safety. Said its illegal. Do owners have to pay me to move

Encino, CA |

My place was not to code. And was not to be rented out. The owners knew that. So to comply with the report. The must remove the kitchen and the shower. I was told that they would have to pay me to move. Is that true and how do I get them to pay me if so

Attorney Answers 2

Posted

Landlords are required to provide monetary relocation assistance when evicting tenants
from units covered by the City of Los Angeles Rent Stabilization Ordinance when the landlord evicts to comply with a governmental agency's Order to Vacate (LAMC 151.09.A.11).

http://lahd.lacity.org/lahdinternet/LinkClick.aspx?fileticket=kA34UEkbp60%3d&tabid=264&language=en-US

You can file a complaint with the Los Angeles Housing Department at:

http://lahd.lacity.org/lahdinternet/

Finally, you may be able to recover the illegally collected rent. Carter v. Cohen, 188 Cal.App.4th 1038 (2010).

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Posted

Yes. If the guest house is illegal, then under the case of Gruzen v. Henry (1978) 84 Cal.App.3d 515, the landlord is not entitled to collect or request any rent. California law does not reward a landlord who has an illegal structure, and punishes the landlord by declaring the contract leasing that structure "void."

Typically, a landlord trying to evict a tenant from an illegal dwelling would get restitution of the premises (an order that the tenant be removed from the illegal structure without owing rent) but not any money damages in an unlawful detainer judgment. The legal basis for such ruling is that the courts will not enforce any illegal contract.

In rent controlled areas, such as Los Angeles, where the relocation assistance has to be paid, the eviction should not be permitted if the relocation money and proper notices to remove a tenant from a dwelling to be removed from the market have not be satisfied. The relocation money is due even if the unit is illegal, under the ruling of Salazar v. Maradeaga (1992) 10 Cal.App.4th Supp. 1.

As the tenant, you may be able to sue to recover the rent paid. However, not all judges will agree on whether a tenant is entitled to get back rent paid to the landlord under such circumstances.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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