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Illegal Units

If you have rented or rent an illegal unit contact us to recover damages. Depending on where you are and the facts and circumstances surrounding your rental you may not have to pay rent if you rent an illegal unit. An illegal unit is not the same as a unit that has problems with heat or mold or other issues but is generally one that was constructed without permits from the city. The San Francisco Rent Board, a great reference for any landlord tenant issue, identifies the following regarding illegal units. Topic No. 253: Renting an Illegal Unit A rental unit that is not a legal unit with the City is nevertheless subject to the Rent Ordinance unless exempt for another reason. To determine if a unit is legal, you will need to review the relevant public records at the Department of Building Inspection. Tenants in illegal units who contact the Department of Building Inspection to report code violations should be aware that the inspector might cite the owner for having an illegal unit. In such cases, this means that the unit may have to be demolished or removed from residential use because it cannot be brought up to code requirements. Demolition or permanent removal of the unit from housing use is a “just cause” for eviction under the Rent Ordinance. However, the landlord must first obtain all necessary permits to remove the unit before an eviction notice can be given. The eviction notice must comply with the requirements of the Rent Ordinance as well as state...

Retaliatory Eviction Defense – CC 1942.4. CC 1942.5

Retaliatory eviction is where a landlord takes actions against a tenant for requesting repairs, complaining to the Department of Building and Inspection, or taking other actions to stand for your rights. The California legislature has provided for protections should a landlord retaliate and a landlord’s actions are presumed retaliatory if they begin within 6 months of the particular...
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