guest house is a guest room and cannot be rented, can I be sued for past rent?

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mynewname

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I just found out my legal and permitted guest house ( I added a kitchen sink where the utility sink was and a small counter not legal ) is a guest room that cannot be rented and the tenants have not paid a few months rent because of this. They threatened to take me to court for the years they rented. I gave them a 3 day notice but don't want to go to court just yet. Can they sue me for past rent if the structure is legally built but not legal to rent? I'm at the end of the line and need to do something. Thanks
 
In jurisdictions where sub-standard properties are rented (or you rent property not certified as rent property), not only can you be sued; you can be fined. In some locales it is a criminal offense. If they refuse to vacate, your only recourse is an action to evict them. You'll be found out, they'll assert their defense of inhabitable premises (as a reason not to pay rent) and get you to return all rents paid plus penalties. Then the city will want their generous cut! Speak to a lawyer and get ready for a fight.


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I tend to side with Moose on this one. They agreed to live there without complaint for some time. No judge is going to force you to pay them back for rent they freely paid even though their home was substandard. A judge will also evict them for not paying. He/she may not enter a judgment in your favor for past due rent that has not been paid but I can't see them forcing you to repay rent because they actually received shelter for their money.

That doesn't mean you are out of the woods. It is very possible the city/county/state might get involved and fine you. The judge will not likely wade into this mess, but your evicted tenant might out of spite. There isn't much you can do about it at this point except to evict the tenant, and hope that they either don't report you, or that the jurisdiction they report you to just doesn't have the manpower to follow up on it.
 
i think they are waiting for me to take them to court so they can complain to the judge about a clogged sink they wont let me fix and other damage they are doing to make it look inhabitable. they have 2 kids and say its my fault they are sick because it gets cold at night. would the city take me to court or them for renting it illegally? can anybody recommend a good eviction company in southern california or should i do it myself?
 
They can not be evicted until process of law has transpired. Only a court can order them out, if they do not voluntarily leave. Sometimes landlords offer troublesome tenants money to leave, after they have vacated. But, if a LL changed his mind after they left, they'd play hell getting paid.
File the court papers if they don't vountarily leave. Let the court do the heavy lifting. Wait them out!


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Looks like they are finally leaving this weekend, a funny coincidence I just got a letter today from the city and they want to come an inspect my home about a complaint they got.
 
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