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  1. #1
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    Sep 2013
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    Default Illegally Rented Out Storage Unit As Living Space

    My question involves an eviction in the state of: CA

    I'm building a house in a rural area. Theft is rampant. What I did is I turned a storage facility into a temporary living space: small bathroom and bedroom. Both of these are illegal. Rented it out to someone who had a job nearby for the price of utilities. I figured someone would watch the materials and fixtures being installed while the main house was being built. It worked well for a while. Then the tenant got into some sort of dispute at work and quit his job. Unemployment is a mess in CA these days because of some software upgrade so he is not getting money from the governor so he is not paying me for utilities. He has acquired a sense of entitlement to the property. In the past he paid me cash for rent/utilities and has no written document of a rental agreement but has left a trail by using the mail box and paying for cable tv/internet at the address.

    My current plan is to tell him that I made a mistake and have decided to dismantle the bathroom. In essence that's an eviction. What is true is that I made a mistake and want to back out of it but I am not sure what is the best way to do this is now. Any ideas/suggestions?

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Oh dear.

    You still need to follow proper eviction procedures - serve him a three day pay or quit notice. If he doesn't leave, you'll have to take him to court...and here's where it's going to get really ugly, really fast:

    A recent case (Carter v. Cohen (2010)188 Cal.App.4th 1038) lends support to the possibility that your tenant can, in turn, sue you to recover all monies paid to you for the illegal apartment. Since the unit was illegal, you won't be entitled to ANY back rent owing, and the tenant will not be entitled to possession of the unit. AND you can look forward to being assessed hefty fines.

    My friend, you need to consult with an attorney.

  3. #3
    Join Date
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    I might try something like this: "If you're out of here by Jan 1, I'll give you $300 in cash."

  4. #4
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    Sep 2013
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Quote Quoting LawResearcherMissy
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    your tenant can, in turn, sue you to recover all monies paid to you for the illegal apartment.
    I'm fine with that. If that is all that he can do I'm happy to hear that.

    I was more worried about him being able to go to county and raise a stink and them giving me some sort of steep fine for doing what I did.

  5. #5
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    We can't rule that out. It's pretty much a given that you're committing ordinance violations.

  6. #6
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    Sep 2013
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Quote Quoting Mr. Knowitall
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    "If you're out of here by Jan 1, I'll give you $300 in cash."
    What if he replies "make it $3000 in cash and we have a deal"?

  7. #7
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    That's your call to make. One response might be to laugh and say, "Let's make it $350". You know the guy, and it's your money, so strategy and figures are ultimately your call to make.

  8. #8
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    Sep 2013
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Quote Quoting LawResearcherMissy
    View Post
    You still need to follow proper eviction procedures
    Eviction as a tenant or eviction as a squatter? Since this place is officially just a storage facility I could say someone is living there illegally and I need to get rid of them.

  9. #9
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Eviction as a tenant. You've been accepting money from him, he's not a squatter.

    You're not REALLY planning to tell the court that the dude just set up housekeeping there without your knowledge, are you? Or are you just that curious about what jail is like?

    I was more worried about him being able to go to county and raise a stink and them giving me some sort of steep fine for doing what I did.
    He absolutely can. See the part about being assessed hefty fines up there?

  10. #10
    Join Date
    Apr 2009
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    Default Re: Illegally Rented Out Storage Unit As Living Space

    Did we just add perjury to the list?

    Lucky OP!

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