Question about Illegal Lease/Room Conversion (apartment, tenant, security deposit, house) - Renting -Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

AlexJacob · 08-19-2009, 07:31 PM

I have been renting a downstairs bedroom and bathroom with utilites included for 2 years in California. I get my mail sent to a PO box. I am now realizing that it is an illegal and uninhabitable living space. The room I rent is part of a 4 bedroom single family home BUT the hallway entrance to the main house has been boarded up completely so I have absolutely no access to the main house, its kitchen, laundry room, etc. The only way to enter my room is through a single car garage roll up door. There is no other way to enter my room. The area I rent consists of a room, bathroom, and small hallway closet. I have no kitchen or sink; I only have a hot plate to cook on.

I have signed a lease that expires in November but have to move out this month because I have had my work hours and pay cut by 35%. I am 2 months behind in rent as it is, and have been paying a small amount weekly to the landlord, but I just keep on getting more and more behind. I have no choice but to move out. The landlord has said that since I am breaking my lease, he is going to charge me the remainder of the lease, plus one months rent for breaking the lease. I understand that he has this right, but since I told him that I was moving out early, he has got real nasty with me and has threatened to sue me, etc. I guess I'm just looking out for myself now. I had already planned to pay him for the two months rent, but now he wants more. On top of that, he mentioned that I wont be getting much of my security deposit back(400) because he is going to use that to get the place EXACTLY in the condition it was when he rented it to me. I know this is illegal. The room has no damage, just normal wear and tear, yet he wants to charge me for new paint, carpet cleaning, power wash garage floor, and a professional cleaning. I have not given him a writen notice, just a verbal one. He also has not served me or given me any paper work.

I was talking to a neighbor of mine and he stated to me that the room I am renting is illegal and a real fire hazard and mentioned something about "egress". He mentioned that since this is an illegal apartment, I should be able to "end" the lease and he would have no recourse to get the back rent from me since it is an illegal apartment. He also mentioned that I must have the city building inspector come and deem it illegal first before I do anything.

Does anyone have any experience with this type of situation? What are my options here? Any suggestions?

Thanks

misplaced1 · 08-19-2009, 08:30 PM

What are you hoping that you can move out and not pay the back rent owed or owe on the lease, if you can get someone to come find it an illegal rental?

AlexJacob · 08-19-2009, 08:39 PM

Im not leaving to move to a better place, Im leaving because I just cant afford it anymore. I even offered to show him my paycheck stubs to prove I just cant afford it anymore. I want to pay back the 2 months I owe him and thats it. The lease was illegal and I just want whats fair.

ShaneSA · 08-19-2009, 09:55 PM

I'd call the city inspector and have it decared illegal. Then the LL can't do anything. If it is getting nasty and he can't work with you, then get over it. What's he going to get when he sues you? You don;t have anything. let him try. Explain that to him.
Your moving, so move on and let the LL and city fight it out.

virgode · 08-19-2009, 10:16 PM

If the conversion is illegal, {most likely is}, then he will have to
give you back the full security deposit, you can't sue for whats illegal.
You owe him nothing.

STT Resident · 08-20-2009, 06:38 AM

Just from a moral standpoint, I think it's pretty funny that you lived there for two years (assumably quite comfortably) and signed a new lease but only now that financial circumstances have reduced your income you've decided all of a sudden that the apartment is illegal and uninhabitable. Not only that but your landlord has obviously tried to accommodate you by accepting only partial rent payments for at least two months and presumably on his reliance on your promise to eventually catch up. Not many landlords would do that.

I wouldn't advise you to call in any inspectors. Best that you explain to your landlord that you have no option but to move, arrange to pay him the back rent owed, forget about your security deposit (which he may apply to your back rent if you approach the situation properly) and go from there, see what he says. I also wouldn't rely too much on what a neighbor says as far as the apartment being "illegal." If you start calling in the troops and come to find out the apartment isn't in fact illegal, that could really turn back on you and bite you in the bum with some long-term consequences which might reflect badly upon your ability to rent anywhere else. Do be careful - and I hope it all works out for you.

virgode · 08-20-2009, 04:24 PM

I respectfully disagree, the world is in financial crisis,
35% paycut hurts, after 2 yrs of renting from him and trying for 2months to keep up,
you've been honest with him. I could see him wanting to keep the security deposit,
but more money on top of that when
your this close to the end of the lease. Sorry, legally he's within
his rights, otherwise he's heartless.

STT Resident · 08-20-2009, 06:06 PM

Quote:

Originally Posted by virgode

I respectfully disagree, the world is in financial crisis,
35% paycut hurts, after 2 yrs of renting from him and trying for 2months to keep up,
you've been honest with him. I could see him wanting to keep the security deposit,
but more money on top of that when
your this close to the end of the lease. Sorry, legally he's within
his rights, otherwise he's heartless.

Landlords are business people, not philanthropic organizations.

virgode · 08-20-2009, 08:16 PM

Quote:

Originally Posted by STT Resident

Landlords are business people, not philanthropic organizations.

I have seen this question asked numerous times on
the forum with a much better outcome for the tenant,
private LLs can bend the rules if they want. The LL can find
a replacement tenant and have them in there within less than
a week of the current tenant vacating if he wants.

Its a hardship on the tenants part, not irresponsibility.

STT Resident · 08-20-2009, 08:27 PM

Quote:

Originally Posted by virgode

I have seen this question asked numerous times on
the forum with a much better outcome for the tenant,
private LLs can bend the rules if they want. The LL can find
a replacement tenant and have them in there within less than
a week of the current tenant vacating if he wants.

Its a hardship on the tenants part, not irresponsibility.

You don't think that's a rather presumptious assumption? My problem is that the OP lived in the place for two years (as I said before) and only when his situation became fiscally precarious (and after the LL was even giving him some slack) did he decide that the place was "illegal and uninhabitable" and that he would seek an "out" from paying what the landlord is legally able to collect based on that. It's not hard to understand why LLs get such a bad rap and in this case I've no sympathy for the tenant. Cheers!