Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?
Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B); 22.18.030(C)(1))
A: In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not properly permitted, the landlord may be prohibited from enforcing certain lease provisions or collecting rent. Moreover, a landlord's attempt to enforce such a contract could expose them to potential liability for renting an illegal or non-compliant unit. Tenants in these situations may have defenses available if a landlord seeks to enforce the agreement or evict them. However, both landlords and tenants should be aware of their rights and responsibilities and seek legal counsel if they find themselves in disputes related to such units. The presence of an order from Regional Planning further complicates matters, emphasizing the need for both parties to understand their legal position.
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