Illegal Accessory Dwelling Units (ADUs)

Illegal Accessory Dwelling Units (ADUs)

In California, contracts for an illegal purpose, such as a lease agreement for an illegal accessory dwelling unit, are unlawful and void. An illegal accessory dwelling unit is a unit with no certificate of occupancy. “Rental agreements involving units that were constructed without building permits or lack a certificate of occupancy are ordinarily regarded as unlawful and void. Espinoza v. Calva (2008) 169 Cal.App.4th 1393, 1400; Salazar v. Maradeaga (1992) 10 Cal.App.4th Supp. 1, 4.

A landlord is not entitled to collect or request rent from the tenant in an unpermitted, illegal unit. Gruzen v. Henry (1978) 84 Cal.App.3d 517, 519. In addition, a tenant may elect to rescind a lease agreement where there is no Certificate of Occupancy or permit for the subject premises. Gruzen at 518-19. As such, individuals living in an illegal accessory dwelling unit are entitled to receive restitution of all monies paid to the Defendants under the void and illegal lease.

If you are a renter of an illegal accessory dwelling unit, contact Tapanian Law for a FREE consultation.