Legal Question in Landlord & Tenant Law in California

How to structure a lease for an illegal in-law apartment?

Tenant ''T'' rents single family home in SF from landlord ''L'' to which L previously added an illegal in-law apartment ''ILA''. L faces risk of fines/demolition if city finds out. Under current lease, ILA is not part of premises. L asked T to refer tenant for ILA, but T did not know then that it was illegal. T referred a friend ''F'' for ILA. L won't rent ILA under a separate lease (could expose L to unwanted liability) & asked T to rent the entire home & sublet ILA to F. T does not want to be a landlord.

Is there a way to draft single lease such that:

a) T and F are tenants to L

b) T and F have no $ responsibility to each other or liability for one another's actions: if T fails to pay rent, F is not evicted; if F damages ILA, T is not responsible for paying for damage; if L fails to make ILA safe and F is injured, T is not liable; etc

c) terms of lease are distinct for T and F: if F moves out, T doesn't have to at the same time if T doesn't wish & vice versa

d) tenant rights/responsibilities for the two separate parts of the home are clearly dilineated, but lease doesn't constitute proof of existence of illegal unit

e) lease isn't seen as being materially two leases by a court in a hypothetical future litigation


Asked on 9/05/03, 9:27 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: How to structure a lease for an illegal in-law apartment?

It doesn't matter who does what! It is an illegal unit, and cannot be rented!

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Answered on 9/06/03, 2:15 pm


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