Question about Illegal Lease/Room Conversion

[virgode]

In all honestly, I personally would not throw the LL under the bus after living there going on two years.

On the other hand the LL wants to do things by the book, on an
apartment thats probably illegal anyway??

[jdm2008]

Originally Posted by STT Resident

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!

Well the landlord is trying to collect the remainder of the lease, plus one month. Plus charging him to replace carpets, do repairs that go beyond normal wear and tear. He clearly isn't entitled to that so I have no sympathy when is attempting to fraudently collect extra money(extra months rent and bogus repair charges, all back rent isn't extra of course, and lost rent while he can't get a tenant) for something .

OP should simply pay what he is required to by law, and if thats nothing further than so be it. Like you said this isn't a philantropy.

[STT Resident]

Originally Posted by jdm2008

Well the landlord is trying to collect the remainder of the lease, plus one month. Plus charging him to replace carpets, do repairs that go beyond normal wear and tear. He clearly isn't entitled to that so I have no sympathy when is attempting to fraudently collect extra money(extra months rent and bogus repair charges, all back rent isn't extra of course, and lost rent while he can't get a tenant) for something .

OP should simply pay what he is required to by law, and if thats nothing further than so be it. Like you said this isn't a philantropy.

I'm not in disagreement at all. The LL should be able to collect what is his due and certainly no more than that - I was simply urging the OP to exercise caution, diligence and common sense before relying on the word of "a neighbor" that the apartment is "illegal and uninhabitable." I simply disagree with virgode saying that (a) the apartment is "probably illegal" without knowing any facts and (b) the landlord should be able to re-rent the apartment within a week and thus should arbitrarily suck up what the OP currently owes.

Anyway, I suppose we'll just to have to wait until and if the OP comes back to his thread to finish up the saga.

[jdm2008]

Originally Posted by STT Resident

I'm not in disagreement at all. The LL should be able to collect what is his due and certainly no more than that - I was simply urging the OP to exercise caution, diligence and common sense before relying on the word of "a neighbor" that the apartment is "illegal and uninhabitable." I simply disagree with virgode saying that (a) the apartment is "probably illegal" without knowing any facts and (b) the landlord should be able to re-rent the apartment within a week and thus should arbitrarily suck up what the OP currently owes.

Anyway, I suppose we'll just to have to wait until and if the OP comes back to his thread to finish up the saga.

All true as well. I took it for granted the basement is illegal.

To the OP

You should find out definitively if the apartment is illegal And if it isn't then maybe find out if you can get him a new tenant to sign a lease. If it is illegal obviously shouldn't do this( don't know the legal repurcussions to you). Rental season is tougher in the winter than it is now(when your lease expires) so he would have incentive to go for this. Though if you do go this route make sure you get something in writing, or at least some sort of proof that the room is rented.

[AlexJacob]

Thanks for all the replies, and I will admit that I am trying to find an out from not paying the fees for moving out early. I understand that my problem is not his problem, but I think he is being very unreasonable given the situation. I plan to pay him the back rent regardless what happens. I will update this thread as soon as I come up with my decision.

Things have changed for the worst for me as I was laid-off yesterday. Hopefully I can find work quickly.

[texdav]

Bascially you are going to end up in court it sounds like even to get your deposit back.

[DowntownVentura]

I am a landlord but I support tenants 100% if they are above board. I support landords 0% if they aren't. I don't know whether your apartment is illegal or not but I think there is a pretty good case on getting the lease thrown out if it is.
See item 2
[SIZE=4]The Many Legal Reasons to End a Lease[/SIZE]
You can legally end the lease for several reasons, one of which may apply in your case. Review the ones that apply to you:
1. Uninhabitable conditions, which only need to affect habitability, not necessarily unlivable, and which may include:
a. Infestations of cockroaches, rats, or other vermin
b. Noxious odors, such as from sewage leaks, mold and mildew, dead rats in the walls, pigeons nesting in the attic
c. Noisy neighbors in your building, or
d. Criminal activity in the building or neighborhood, such as drugs and gangs
2. An illegal unit, such as an illegally converted garage, basement, or attached structure you're living in [a common situation]
3. Government closing down the building, due to:
a. severe illegalities, such as construction without proper building permits, a dangerous structure, and zoning violations
b. fire or other structural damage [red or yellow tagging]
c. earthquake, flooding, or other natural disaster damage [red or yellow tagging], or
d. demolition by the government, such as for Redevelopment goals, eminent domain, tax lien sale, drug-related confiscation
4. Death, severe hospitalization, incarceration, or insanity of the tenant [your legal representative would handle this]
5. Bankruptcy of the tenant [Chapter 7, or abandoning the lease in a Chapter 11 or 13 Bankruptcy proceeding ]
6. The person who rented it to you may not have had the right to do so, because:
a. The person was not the owner, or authorized by the owner, to lease it [a scam used by some con-men]
b. The person was an unlicensed property manager, whose contracts are void [there are many of these]
c. The person was a tenant, who was not authorized to sub-lease or assign the place to you by their rental agreement, or
d. The business entity that is supposed to be your landlord doesn't legally exist [such as a corporation, that isn't one]
7. The lease may be tied to a job on the premises, which you quit, such as a resident manager, grounds keeper, etc.
8. The landlord lost the land by foreclosure, and the bank or new owner took over, but you haven't paid rent to them, yet.
9. The lease is oral, but is for more than a year by its terms, making it void under the Statute of Frauds as a legal matter.

More here http://www.caltenantlaw.com/breaklease.htm

California Tenant Law - Free legal advice for California renters