Legal Question in Landlord & Tenant Law in California

Iím renting a guest house in the yard that is detached from the main building. It was used as a study room for other tenants, but my landlord and I signed a lease agreement for that building for 3 months. Now, it has been 2 months and I want to move out for many reasons such as school, lack of bathroom or kitchen to the building, etc. I gave her a notice to move out ASAP and she insisted on the lease agreement (which I fully understand). However, I am not sure if the building has its permit. If the building is not permitted by the city, can I move out regardless of the lease term? And without losing my deposit? If I can, is there a way to access to the city building permits?

Asked on 5/24/12, 1:46 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

The lack of permits does not give you the right to breach a lease. The lack of a bathroom, however, does. To be a habitable residential unit, certain minimum standards must be met. Having a bathroom is one of them. You do not owe any rent for a legally uninhabitable space.

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Answered on 5/24/12, 2:30 pm

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