Legal Question in Real Estate Law in California

I am renting in an illegal unit. I just gave notice that I am moving on the 9th of this month. Landlord claims I will owe the 9 days into this next month IF no one rents the property by the 1st. Given that this is an illegal rental unit in the first place, should I give them a dime or when time comes to move (next week) tell them to take a hike since they will have no legal claim to suit?


Asked on 7/11/11, 2:15 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I don't doubt that what you are renting is an illegal unit, but you need to know for sure that it is illegal before you attempt to dodge paying the last 9 days' rent. You need something from the City or County, before you move, indicating that the unit is illegal. If you are just speculating that the unit is illegal, then your only possible defense to paying the rent could be worthless. Also understand that if you don't pay the rent, you'll probably get sued even if you are correct, and have to deal with it in Court. For the money 9 days rent might cost you, might be cheaper to just pay it and move on.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 7/11/11, 2:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Gibbs, and would add that the illegality, if present, may or may not be a defense to a suit to collect rent from you. Some kinds and instances of illegality act as a total bar to the collection of rent. Others may (for example) require the landlord to fix a dilapidation, make a repair, file some paperwork, etc., but would not impair his right to demand payment of rent from a tenant. Tread cautiously.

Read more
Answered on 7/11/11, 6:35 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California