Illegal Units

A unit can be illegal for various reasons: a unit can be illegal if it has not been legally established with the city as a rental unit. If the has substantial habitability issues, such as violations of building, health, city, or housing codes, it can be deemed “illegal”. 

Many of the cases we see involve individuals renting “illegal units”. Although an illegal unit generally means that the landlord created or converted the space into a rental unit without permits, the following conditions may also exist:

• You live in a garage, basement, or an in law apartment 
• You don’t have your own mailbox/mail is delivered to someone else’s unit
• The ceiling is less than 7 ft high
• A public agency such as PG&E refusing services because it is an illegal unit

Although you may be renting an illegal unit, your landlord is still required to provide you with a habitable dwelling.  Furthermore, rent cannot be collected for an illegal unit and your landlord may be in violation of California law if he/she is doing so. 

If you have been paying rent for an illegal unit, you may be entitled to reimbursement of all rent paid. If one or more of the conditions listed above exist, please contact our office.  (510) 452-6300.