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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38183
Experience:  16 years real estate, Realtor. Landlord 26 years
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Iwas rented an illegal dwelling. four months after I moved

Customer Question

Iwas rented an illegal dwelling . four months after I moved in the building inspectors were called and came. I was advised to move most of my things out for there inspection. So a year goes by once again they are coming back , I go to college and twice now during my (mid Terms) and now my Finals.I have missed and they cannot be made up because of the landlords wanting me to once again move my stuff , Im tired and want to know what can I do and How much relocation fee am I entitled to? can I get back rent? have them pay for two semesters they have ruined for me? do I need to file anything Please give me everything you can tell me, The building inspectors come in the morning .I live in the San Fernando Valley calif. thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Are you saying that you continued to stay at the dwelling after the first inspection and after you became aware that it was an unpermitted rental property?

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Is there some reason why you didn't move elsewhere once you became aware it was an illegal rental?

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thanks

Barrister

Customer: replied 1 year ago.
I am on ssi and also go to College I do not have money to move.I had no choice but play along with there game.
Expert:  Barrister replied 1 year ago.

Ok, I understand completely.. The problem here is that a judge is going to look at this with the view that if you have immediately moved after you found out it was an illegal rental, then you were an innocent party and would be entitled to all damages that you incurred in moving and also potentially any rent you had paid as a punitive measure on the landlord.

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However, when you don't vacate after you have knowledge that it is illegal, then you will have a hard time claiming you were financially injured if and when you do move. This is because if you know it is illegal, and you stay, then you are assuming the risk that the authorities could force you to move if they become aware of the rental. This is further complicated by the fact that you moved out each time so as to kind of become an "accomplice" in hiding the fact that it was an illegal rental to the building inspectors..

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So to be very honest with you, I think you would have a hard time convincing a judge to award you damages after staying there over a year since you became aware that it was an unpermitted rental. But obviously this is just my opinion based on 15 years of real estate law specializing in landlord tenant relations..

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I don't want to see you spend your time and money pursuing something that I don't think you would prevail on..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister