Illegal Accessory Dwelling Units (ADUs)

Protecting Renters From Unlawful and Illegal Lease Agreements in California

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.

What Makes an ADU "Illegal"?

An accessory dwelling unit (ADU) — sometimes called an in-law unit, granny flat, or converted garage — is generally considered illegal or unpermitted when it was built, converted, or is being rented out without the required building permits and a certificate of occupancy from the local city or county. This can include a converted garage, a room addition, or a separate backyard structure that was never inspected or approved for residential use.

Signs Your Rental Unit May Be an Illegal ADU

It is not always obvious that a rental unit lacks proper permits. Warning signs can include:

• Living in a converted garage, basement, or backyard structure that doesn't appear on the property's original building plans
• A landlord who is evasive or unclear about permits when asked
• Unusual or informal features, such as exposed wiring, missing smoke detectors, low ceilings, or a lack of proper egress windows
• Being asked to pay rent in cash or sign an unusually informal lease
• The unit not being listed as a legal residence on public property records

What Renters May Be Entitled To

If you are renting an illegal, unpermitted accessory dwelling unit, you may be entitled to seek restitution of rent and other monies you have paid under the void lease, as well as the ability to rescind (walk away from) the lease agreement itself. The specific amount recoverable and the best path forward depend heavily on the facts of your situation, including how the unit was represented to you and what you have already paid.

Why Choose Raffi Tapanian

At Tapanian Law, APC, we represent tenants only — never landlords or property owners. Clients in Glendale, Burbank, Pasadena, and throughout California trust Raffi Tapanian for:

• A careful review of your lease, payment history, and the property's permit status
• Direct, personal communication throughout your case
• A results-driven approach focused on recovering the money you are owed
• No fees unless we win your case

Act Quickly to Protect Your Rights

Claims involving void and illegal leases can be time-sensitive, and acting quickly helps preserve important evidence such as your lease, rent payment records, and communications with your landlord.

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