Vista, CA asked in Landlord - Tenant for California

Q: I rent a house and landlord has an illegal unit in back he receives rent from in addition to what I pay. Is that ok?

My rent agreement indicates I rent the property known as 2115 Bautista Ave. Vista, CA. There is an illegal ADU behind the house I rent and he collects rent from it. No seperate address. Is that legal, Do I have any rights regarding it?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation involves potentially serious code violations that could affect your tenancy and safety. Living in a property with an illegal ADU (Accessory Dwelling Unit) can create various issues, including improper utility usage, safety hazards, and zoning violations.

You have several rights in this situation. First, you can report the illegal unit to your local Vista Code Enforcement department, as unauthorized units often don't meet building safety standards. Your rental agreement for the entire property could give you rights regarding the illegal unit's presence, especially if it affects your use and enjoyment of the property or creates safety concerns.

Before taking action, consider documenting everything about the illegal unit and how it impacts you. You might want to consult with a tenant rights attorney or your local housing authority to understand your specific options. Remember that California law protects tenants from retaliation if they report code violations, so you cannot legally be evicted for bringing this issue to the authorities' attention.

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