Living in an illegally converted garage (not permitted), can we break our lease and move? (CA)

[agalvan71505]

I agree, if you don't want to pay rent. Move out! People complaining about it being illegal as if they couldn't tell it was a converted garage before they moved in!!!

[1AngryTaxPayer]

Zombies

[Darkangel34]

My sister and her boyfriend just moved into an apartment above someone's garage and they pay 750 for rent but the landlord owns the property that their apartment is on so does that mean that the landlord has to share property like the backyard and basement and stuff

[AZ Manager]

Originally Posted by Darkangel34

My sister and her boyfriend just moved into an apartment above someone's garage and they pay 750 for rent but the landlord owns the property that their apartment is on so does that mean that the landlord has to share property like the backyard and basement and stuff

No. They rent what is included in the lease, nothing more and nothing less.

Did you really need to bump two old threads to ask this?

[Electrician4you]

Originally Posted by EASTTOWEST082

My husband and I are renting an "apartment" that we were later told is a converted garage. By the looks of it, it meets most habitable standards. However, we have always been skeptical. There is also an attached studio to us, which was converted about 4-5 years ago.

This all started out by notifying our landlord that we noticed termite damage in our children's room (windows). The landlord sent out a termite inspector for a quote. The inspector deemed that 3 of the apartments windows be fixed (2 from termite/water damage and one from water damage alone) and that has since been 2 months ago, and has not been resolved. My husband started researching our tenant rights and noticed that almost all garage conversion are illegal.

I then contacted San Diego City and County Records Department to see if any permits were ever pulled for a garage conversion. The City states that the house was built in 1949, there records go back as far as 1955, and since then no permits have ever been pulled for a garage conversion in habitable space. The City also stated that a permit was pulled in 1961 for an addition of a laundry room and bathroom, however, the permit was revoked and never finalized. The City states this is a illegal garage conversion. I also asked the landlord when the garage was converted, she stated that it was converted in 1961, and that it was grandfathered in when she purchased the property, and she is not doing anything illegal.

I also asked the city if a "Certificate of Occupancy," was ever granted. First they stated that a CO is not issued for single family homes, but for multi-dwelling units/commercial/industrial properties. Secondly, no CO was ever issued!!

Umongst a slew of other issues we are having with our landlord (not biling us for utilities and now trying to bill us for usage from over 9mos plus future usage, fixing the windows spoken about above, having the handyman come complete unfinished projects, etc...), this being the biggest because it not only effects us, but the safety and welfare of our children. We have already filed our complaint with the Neighborhood Code and Compliance Division, and are waiting to hear from the building inspector.

In the mean time, we have already made arrangements to move ASAP, however our landlord is trying to tie us to the lease, which technically speaking by the Cities standards, this is an illegal dwelling regardless if it meets codes, its still is not permitted.

Our questions are, how can we determine if the garage conversion was grandfathered? Although she may have purchased the residence in this condition would it have to be brought up to code and permited, prior to renting, even if grandfathered? Considering it is an illegal garage conversion, whether grandfathered or not, can we legally be bond to our lease? How can it be grandfathered, if the City states their records go back till 1955, and their records only show a permit pulled (but revoked an unfinalized) in 1961? Can our landlord legally retain our deposit? Can we fight for damages, and repayment of our rent?

Any information is helpful. Thanks!!

Have your proof of why you are leaving. Send him a letter stating why you are moving out. And pay the rent. In a normal lease the LL is bound to mitigate. He cannot keep your deposit because you moved as long as you paid the rent. This is a different matter. If he keeps your deposit past 21 days doesn't give you a itemized letter of deposit return, then send a demand letter for return of deposit and go to court.

It's either permitted and signed off or it isn't. Cities dont grandfather dwellings just because time went on and they didn't catch it. Most likely he pulled the permit to start the job, then just never called for inspections. That coykd be ignorance on his part or he did everything so illegally that he didn't want to deal with bringing to code.

What I don't understand is why you moved in there in the first place. Usually a garage that has been modified into a dwelling is easily spotted as such.

[Just Be Nice]

Wow! Ruin there rental from 1961. I'm not saying you shouldn't move out but really? This is what you had to do to be "safe"?

[FIREin2016]

The LL will likely have to refund all the rent paid by you to date. An illegal rental is just that, illegal.

[Patsnation34]

Originally Posted by FIREin2016

The LL will likely have to refund all the rent paid by you to date. An illegal rental is just that, illegal.

Pretty much. I’m confused by the advice to keep paying, and let the owner and city deal with it. You can’t profit and rent something that doesn’t legally exist in the eyes of the law and is not up to code etc etc. you may have a “lease” but the space isn’t a legally rented space, so I’m not sure how you can be held responsible for something that is not legal.

Obviously this thread is 10 years old, but the point remains

[moved]

Zombie thread. The OP last posted on 08-07-2009 06:16 PM, and I'm sure that their problem has been resolved by now.

[LifeIsGood01]

Originally Posted by Just Be Nice

Wow! Ruin there rental from 1961. I'm not saying you shouldn't move out but really? This is what you had to do to be "safe"?

I'm surprised the LL is not letting out of the lease they seem to be trying to cause so much trouble for them. Seems to me they already found another place and are just looking for excuses to get out.


As far as termite damage, it's not an immediate danger to the tenants, it will just mean that the LL is letting his own property rot from the inside out.