No permit for guest house and and also payed him 7 months in advance witch I just found out that I shouldnt have payed him anything hes arrassing me and my roommate to get us out of here and the landlord also sold the house and the new owner is also been rude and he also gave us a 60 day notice and I dont know if to comply with that so if somebody please help me.
If the unit is a non-permitted unit, have you notified the housing department and the HCIDLA? If not, you may want to consider doing that. You may be entitled to relocation assistance. It would probably be in your best interest to hire an attorney to represent you.
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You can't keep living somewhere for free just because the unit is not permitted. The landlord can evict you, but he may owe you relocation fees and damages for renting an I permitted unit.
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You can still be evicted. 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 unit 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.
You may be able to sue to recover the prepaid rent you previously paid. However, not all judges will agree on whether a tenant is entitled to get back rent paid to the landlord, especially if there are no unhabitability issues.
In short, the landlord will be able to evict you from illegal rental dwelling based upon a 3-day notice to pay or quit or a 30 day notice of termination of a month to month tenancy, but the landlord might not be entitled to recover a money judgment for unpaid rent.
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 any particular case or client. 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. This posting is not intended to constitute an advertisement nor a solicitation. Due to the high volume of phone calls and e-mails, not all phone calls or e-mails can be returned.
I believe you are referring to an illegal garage conversion. If so, you should contact the Los Angeles Department of Building and Safety and the Los Angeles Housing Department to file a complaint. If it is unpermitted and unregistered, they may require the landlord to pay you relocation fees before you can be evicted. In addition, failure to comply with the Los Angeles Rent Stablization Ordinance is a possible affirmative defense to an Unlawful Detainer. Finally, you may be able to recover the illegally collected rent. Carter v. Cohen, 188 Cal.App.4th 1038 (2010).
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