Illegal Rentals
Cassie Maas 408 472-7988
Luxury Realtor at Anderson Christie - Helping you achieve your real estate goals. I can provide an overview of the process to help you understand the strategies to achieve success.
When you are a renter and in need of a place to call home, it can be easy to fall prey to an unsavory landlord. If you have never purchased a home before you may not know the telltale signs that can help you spot an illegal rental. You've heard of rental scams where someone rents a home to you but they don't own it and you end up moving in and bumping elbows with ten others who also thought it was their new home. What could be worse than that? An illegal rental!
What makes a rental illegal? If you rent a place there are a couple of things that will give a clue that things are not right. If you are renting a little cottage behind the main house or renting an apt in a converted home you can find out if the rental is legal by visiting the planning department for that property. If the place is in an unincorporated portion of the county, you would visit the county planning department. If it is in the town or city limits, you would visit the planning department for that town or city. If you don't know the answer, ask the landlord who provides law enforcement services to the property. If the answer is the Sheriff, then you are in the unincorporated area and if the answer is a local police force, you are in the town or city limits.
If you are renting an apartment in a home that has been divided up into apartments, the owner has to have an occupancy permit for each apartment. If they don't have one, the place is illegal. You don't have to ask the landlord, you can get that info from the planning department.
If you rent a place and you are told you have to share a mailbox with everyone else in the place, it is likely an illegal conversion. Check the planning department to confirm.
Why does it matter? An illegal conversion is not inspected for safety. If you rent an illegally converted apartment you may be living in a structure with inadequate safety measures in place. Each apartment should have two exits. A window can count as an exit, but it must meet certain requirements that govern how big the window must be, how high the window can be, etc. And just because there is a window, you should consider how it opens and how difficult it might be to actually use it to escape in case of a fire.
If you find you are living in an illegal rental, you have rights and options. After checking with the planning department and finding out that the unit is not legal, you may be able to break your lease and/or qualify for relocation assistance. Relocation assistance may be limited to a certain number of tenants. You may also be able to sue for back rent although this can be a lengthy process.
Before signing a lease, you should check to make sure the place is legal and that you are working with the actual owner. If you are renting a place and want to make sure you are dealing with the actual owner, you can review public records to find the owner. Or you can call me and I can assist you.
Don't be scammed and don't rent a home or apartment that isn't legal. If you are paying rent, make sure you are paying the right person and that you are living in a place that is safe. And when you are tired or renting, call me and let me help you find a place to call home.