Renting an illegal unit in California (Oxnard: renters, credit, lawyer) - Los Angeles - (CA) - Page 2 - City-Data Forum

SOON2BNSURPRISE · 09-17-2008, 05:32 PM

Quote:

Originally Posted by DontH8Me

The reason landlords rent illegal units is not always just to skirt property tax - many times the place is jerry-rigged and not HABITABLE as the OP's follow up post confirms. Not everyone knows from looking at a unit what is wrong with it - that's why it needs to pass inspection by someone who is trained in such.

How could they have known that the sewage from other tenants' pipes would drain up into where they were living when they first rented the place? As I stated earlier - they need to find a place that is legal for their own health and safety.

Why is it that people seem to think it is ok to break certain laws? It isn't uninhabitable, just illegal - that's rich.

Many people over the years have build good quality rental units, granny flatts, places to have there newly married son/daughter and son/daughter in law live that are unpermitted building projects. It has happened for years. Doesn't mean that they are building it substandard. When the unit has no need for the family member chances are it is rented out. Is it legal? No. Does that mean its a bad build? No. You are assuming that all illegal rental units are not up to code and that is no the case. Many are up to code. From the comments within this post we can all asume that many are also not up to code. Do not think that just because someone didn't pull a permit and go through the proper channels that the place is unihabitable. That is not always the case.

CupofCoffee · 09-17-2008, 05:33 PM

No, I didn't question the drain. I was naive. My bad I agree. I also didn't question no sink in the bathroom, holes in the walls, open pipes, no heat, dangling electrical wires, rodent droppings, cockroaches, bathroom with no door next to the kitchen area sink, ceiling lights not properly framed. Again, I'm poor. Just accepted that the poor don't get much.

katenik · 09-17-2008, 07:21 PM

Quote:

Originally Posted by CupofCoffee

No, I didn't question the drain. I was naive. My bad I agree. I also didn't question no sink in the bathroom, holes in the walls, open pipes, no heat, dangling electrical wires, rodent droppings, cockroaches, bathroom with no door next to the kitchen area sink, ceiling lights not properly framed. Again, I'm poor. Just accepted that the poor don't get much.

oh, dear! if those conditions were present when you moved in, there is no way you can stand up in a court of law and claim that you were deceived. you didn't know, but you SHOULD have, because a reasonable person in your situation would have inquired. the writing was quite literally on the wall. ordinarily, you would have recourse pursuant to your lease's implied warranty of habitability, but since the subject of the contract was, itself, illegal, your lease is void (i.e., there isn't one). since you moved into the unit with all the obvious defects you listed, you would have a hard time convincing a court that you entered into that agreement in good faith and are owed anything. you got a cheap, disgusting place to live, and the landlord got a gullible tenant who was willing to tolerate those conditions and ask no questions. call it even, and move on.

i'm not sure i understand your point about having to defend an action by your landlord to collect back rent. why would your landlord think that he can collect back rent from you if he served you a UD because the unit was deemed illegal? no contract=no rent.

katenik · 09-17-2008, 07:41 PM

Quote:

Originally Posted by SOON2BNSURPRISE

You don't have to pay the rent, and the landlord doesn't have to allow you access to the property if you don't. Remember this is an illegal rental. As far as anyone is concerned it legally doesn't really exist. The deal that you have is between you and the owner. What are your concerns? Chances are the rental should be below market rate. If it is not negotiate that. Has the landlord taken care of the property? do you have any issues with them or the rental? My thought is that if you like the place and it meets your needs then what does it matter? Your not breaking the law hear. The owner of the property is and that is on them. Lets face it plenty of homes in the LA, Ventura, Orange, and San Diego county areas have illegal rentals. As long as the place is meeting your needs let it go. Chances are as soon as you leave someone else will be renting the place. Now if you can't stand it then move to a place that you like.

what are you talking about? negotiate what? the OP has been evicted from an illegal unit. the landlord has been busted and the tenant must go.

CupofCoffee · 09-17-2008, 09:34 PM

I'm not complaining about what I saw but what the owner wouldn't do in the final months. I think he's a jerk to file a UD on an illegal unit. If he had comped me for my losses, I would have stayed and continued to pay him rent not knowing that the unit was illegal and unhabitable. By filing the UD all this came to light. I'm hoping the next person doesn't get duped and I'm hoping I can get moving costs and my deposit back in tenant/landlord court.

katenik · 09-17-2008, 11:13 PM

Quote:

Originally Posted by CupofCoffee

I'm not complaining about what I saw but what the owner wouldn't do in the final months. I think he's a jerk to file a UD on an illegal unit. If he had comped me for my losses, I would have stayed and continued to pay him rent not knowing that the unit was illegal and unhabitable. By filing the UD all this came to light. I'm hoping the next person doesn't get duped and I'm hoping I can get moving costs and my deposit back in tenant/landlord court.

i gathered that he was forced to evict you because your illegal tenancy came to the attention of city authorities. is that not what happened? when a landlord is found to be leasing an illegal unit, the city forces him to evict tenants immediately, because the unit is not authorized to be let. even if you were a squatter on the property, you would have to be served with an unlawful detainer because you have acquired possessory rights by being there, and the landlord can't just put your belongings on the street and change the locks without a court order. if that isn't what happened, then you should report the illegal rental to the authorities, instead of passively "hoping" that no one else gets screwed.

you are continuing to be naive in thinking that someone who would lease you an illegal, uninhabitable unit would voluntarily compensate you for your losses. if you have already moved out, the UD is a moot point. if it is not withdrawn before the hearing date, tell your story in court, and perhaps the judge will take pity on you and award damages in the amount of your security deposit...but, don't count on it. after all, do you really think a judge will believe that you rented a place with no bathroom door, no kitchen sink, exposed electrical wiring, holes in the walls, and a floor drain; and you thought it was on the up-and-up? your hands appear unclean, my friend.

Huckleberry3911948 · 09-17-2008, 11:15 PM

what is your motive in leaving the lease?

SOON2BNSURPRISE · 09-18-2008, 09:08 AM

Quote:

Originally Posted by katenik

what are you talking about? negotiate what? the OP has been evicted from an illegal unit. the landlord has been busted and the tenant must go.

You are correct. The problem is that the information you are talking about was not given untill after I made the post you are objecting to. Please re read the OP's original post and then notice that what I said was placed after that post and then the information came out about what was happening. Something that may help you is to read the post in the order that they are posted.

DontH8Me · 09-18-2008, 09:14 AM

Quote:

Originally Posted by SOON2BNSURPRISE

Many people over the years have build good quality rental units, granny flatts, places to have there newly married son/daughter and son/daughter in law live that are unpermitted building projects. It has happened for years. Doesn't mean that they are building it substandard. When the unit has no need for the family member chances are it is rented out. Is it legal? No. Does that mean its a bad build? No. You are assuming that all illegal rental units are not up to code and that is no the case. Many are up to code. From the comments within this post we can all asume that many are also not up to code. Do not think that just because someone didn't pull a permit and go through the proper channels that the place is unihabitable. That is not always the case.

Please let me know when it was that I used "all" or "always". Maybe you should re-read my post before making such assumptions.

SOON2BNSURPRISE · 09-18-2008, 11:52 AM

Quote:

Originally Posted by DontH8Me

Please let me know when it was that I used "all" or "always". Maybe you should re-read my post before making such assumptions.

So you didn't use all or always. Your premise seems to be building on the fact that because someone builds an illegal unit, meaning non permitted that it is uninhabitable. My premise is that is not the case. Please correct me if I am wrong.