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myownfault

Registered: 09/12/11
Posts: 4
Reply with quote  #1 

My husband had a licensed contrator convert a tool shed to a 2bdrm 1 bath house without building permits - we rented the unit to a husband/wife and 2 children.  They have been okay tenants since 2007.  My son has a new baby and needs a place to stay, we gave the couple the 60 days eviction notice (he was month-to-month) and he should have moved by 6/30/11.  He's still there.  Rent free since July1st.  He has a legal aid lawyer, stating that our property was not registered with the city- it is, the property is rent-controlled, it's a single family and exempt - then he went to the building inspector and told him he thought that the property was built without permits - it was.  What is our liability?  Can he recover all rents we've received?  how can we get him out?  Can anyone help me?

MOON

Registered: 09/17/08
Posts: 577
Reply with quote  #2 

You really should consider an attorney,because there are several issues, I would not speak to their attorney without one of mine own in this situation.

rkkeller

Registered: 04/07/08
Posts: 756
Reply with quote  #3 
I saw this before and you need to start eviction right away as your not going to be able to get any rent they have not paid as its not a legal unit.  They can't get the rent they paid back either but they can try to stay for along as possible and not pay that's why you need to get them out asap.
myownfault

Registered: 09/12/11
Posts: 4
Reply with quote  #4 
Thank you both for your replay;  rkeller - are you sure that they can't ask for back rent?  I did get an attorney today.  He will contact the Legal Aid Paralegal and see what can be agreed upon.  He also said to start a 3 day eviction because we won't be able to recover any of the lost rents.


myownfault

Registered: 09/12/11
Posts: 4
Reply with quote  #5 

On a Seperate Question- Does anyone know how we would go about getting the unit permitted?  It has been in existence for at least 12 years and we were told that we could have an inspector tear out portions of the walls to check plumbing, electrical and insullation.  Any one have this done before?

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