Illegal unit tennant Landlord war

[homerunkevin]

What is the name of your state? CA

I had a friend who didn’t' want to speak out his situation so as favor help him ask for some advice from some expert like you guys for help.

They rented out this illegal unit (2 bedroom 1 bath) in the basement to a family of a father, so-call girl friend, and daughter for 10+ years for only $650. They now wanted the tenant to move out because they need more space and the tenant is a pain to deal with. First, he refuses to give up the garage parking space when the landlord requests nicely to get it back. He will always use this as threat whenever he doesn’t want to pay rent. He threatens to report to the city so that the landlord can be fines for the penalty of not reporting the rent income to the city and illegal unit in the basement. HE even making false accusation to the landlord that he did paid the last 2 month rents when he hadn’t. The tenants downstairs have been making noise at night causing the landlord not able to sleep. The landlord is afraid if the tenants report this to the city that he will get fine as high as 9 times the cost to get a permit to legalize downstairs. One of the options he is considering is to give the tenant 10k which he ask for with a lawyer to finalize the legal paper work. The landlord is stress and saddens by this by how much money he can loose in this battle. What are his options? Remorsefully, what can the landlord do to make things work out? Thank you so much for your time.

 

[acmb05]

What is the name of your state? CA

I had a friend who didn’t' want to speak out his situation so as favor help him ask for some advice from some expert like you guys for help.

They rented out this illegal unit (2 bedroom 1 bath) in the basement to a family of a father, so-call girl friend, and daughter for 10+ years for only $650. They now wanted the tenant to move out because they need more space and the tenant is a pain to deal with. First, he refuses to give up the garage parking space when the landlord requests nicely to get it back. He will always use this as threat whenever he doesn’t want to pay rent. He threatens to report to the city so that the landlord can be fines for the penalty of not reporting the rent income to the city and illegal unit in the basement. HE even making false accusation to the landlord that he did paid the last 2 month rents when he hadn’t. The tenants downstairs have been making noise at night causing the landlord not able to sleep. The landlord is afraid if the tenants report this to the city that he will get fine as high as 9 times the cost to get a permit to legalize downstairs. One of the options he is considering is to give the tenant 10k which he ask for with a lawyer to finalize the legal paper work. The landlord is stress and saddens by this by how much money he can loose in this battle. What are his options? Remorsefully, what can the landlord do to make things work out? Thank you so much for your time.

If the parking space came with the apartment then he does not have to give it up.

Your friend is in a mess because he rented an illegal apartment. Either evict and take your chances or pay the tenant off,

 

[COlandlord]

I would take my chances with the city than pay off this idiot. Post him with a notice to vacate (according to your states Tenant/landlord laws-typically 30days). If he chooses not to vacate, file an eviction. If he calls the city and they deem the unit illegal, he will be forced to move immediately... Either way he is gone. Never give in to threats and intimidation....your friend needs to admit he was wrong and face the consequences with the city.

In addition, I don't think a lawyer would involve himself in the illegal activity that both parties are participating in.

 

[FarmerJ]

I agree , give the tenant proper notice to vacate and deal with what ever the penalty is from the city. Of course they likely will make the owner of the home take the kitchen apart and some kind of fine , then go ahead and learn what the permit process requires to have a second unit made legal OR atleast to have it as legit space to be used by who ever is the first floor occupant or should the house ever have to be rented out or when the time comes to sell it.

 

[jerblaine]

Very similar situation

I would take my chances with the city than pay off this idiot. Post him with a notice to vacate (according to your states Tenant/landlord laws-typically 30days). If he chooses not to vacate, file an eviction. If he calls the city and they deem the unit illegal, he will be forced to move immediately... Either way he is gone. Never give in to threats and intimidation....your friend needs to admit he was wrong and face the consequences with the city.

In addition, I don't think a lawyer would involve himself in the illegal activity that both parties are participating in.

I am in this same situation. I rented an illegal garage conversion for 18 months!!! then the landlord tells me to leave because the city is pressuring him. I did my research and found out the city already has this place documented as a garage being used as a dwelling.

He gave me a 30 day notice and then the unlawful detainer. I answered it and we go to court on March 11. I feel like I am entitled to the relocation fee since I paid rent and it is an illegal garage conversion.

The lawyers tell me I have a case but they wont take my case :-?Kinda like you said i guess.
The rental agreement is verbal and the Landlord is trying to say i paid him for storage for 18 months. Well I have witnesses and all kinds of mail that say i lived here.

So do you think I will get the relocation fee? It is gonna be up to the judge I guess.

 

[homerunkevin]

jerb how much did u had to paid for attorney fee? please let me know if u get eviction fee or not or how was the court experience...i wonder how much fine and fee city went after landlord the illegal unit......thx

 

[jerblaine]

jerb how much did u had to paid for attorney fee? please let me know if u get eviction fee or not or how was the court experience...i wonder how much fine and fee city went after landlord the illegal unit......thx

Hey well my court date is March 11 so I will know what happens then.

I could not get a lawyer to take my case not even the free lawyers. They all told me I DO have a case, but they just dont want to take it.

I think it is because it is a complex case where I paid rent but theres no written lease and it is going to be his word against mine as to whether I lived here or not.....then ultimately it is up to the judge.

I am nervous because if I lose I will be SOL and have no way to store my stuff. I will lose everything pretty much :-(( I really NEED that relocation fee!!

 

[COlandlord]

You can't get a lawyer because you DON'T have a case. I have never heard of a lawyer not taking a case because it is to "complex"! Give me a break! The legality of the unit is between the city and the landlord not you. You are not entilted to relocation costs, because regardless if the unit was "legal" you benefited from the space, was a month to month tenant and was given a 30 day notice to vacate (why didn't you move out then? It sounds like you are looking for a free ride). Why would you get more? Any Security Deposit you paid must be returned to you, however.

 

[homerunkevin]

jerb which city are you in? I read that in san francisco, no matter legal or not, landlord had to paid eviction fee....

 

[phase08]

Jerb, you need to start your own thread instead of hijacking this one.

 

[MIRAKALES]

The LL should take initiative in this matter and begin formal eviction proceedings for this tenant to have tenant legally removed, especially if tenant does not have an annual lease agreement. The LL should not consider paying the tenant or “compensating” the tenant to move -- the paper trail (checks, monies, deposits, etc.) would confirm illegal actions on the part of both parties -- tenant will definitely use it to the advantage. Most important, LL (friend) needs to remember that this is his property and the property is LL’s responsibility. Tenants should never give instruction to the LL/owner regarding their property. The reason so many BASIC landlord/tenant issues continue to exist is because LLs refuse to take responsibility in managing what they own and pay for.

 

[jerblaine]

Court Ruling!!

I won! I won!

but i didnt get any relocation money which is weird. The judge just said the ruling is in favor of the defendent(which is ME) and I said ok so what does this mean and he said it means you can stay...this was a strict judge and i still won!!

He wouldnt elaborate on his ruling though. I guess it means I can stay just how I am not paying rent. He said this court is not ruling on the relocation fee.

So I guess I could try to get that in small claims court or just stay here as it is.

I wonder if there is any other way he could try to get me out? The judge ruled today that I live here......so now it is official that I live here......I think I just turned into a family member living in the garage room or something......because the judge KNOWS no rent has been paid since October**************because he also knows it is an illegal unit.....but i think he protected the landlord in that respect today.

I need a lawyer to explain things to me at this point!

 

[jerblaine]

jerb which city are you in? I read that in san francisco, no matter legal or not, landlord had to paid eviction fee....

I am in LA