Illegal use of garage by tenants

Illegal use of garage by tenants

Merced, CA · Member since 2017 · 13 posts · 1 vote

Hi,

I recently bought a property and the tenants are using the garage as a bedroom. I know I can and should serve them notice. I'm wondering if anyone has language suggestions for this notice. Not sure if there is a California law I can site. I don't want to be liable for the illegal use. thanks

Marian

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    Just tell them garage is not living space and cannot be used as a bedroom.  They need to stop using it as such or move.

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    Originally posted by @Marian Jimenez:

    Hi,

    I recently bought a property and the tenants are using the garage as a bedroom. I know I can and should serve them notice. I'm wondering if anyone has language suggestions for this notice. Not sure if there is a California law I can site. I don't want to be liable for the illegal use. thanks

    Marian


    Google "notice to cure or quit" along with your state name. That should give you some great starting points. Note: Your state may call it a different name. Send this by certified mail as well so you have receipt that the person got it. Since you are in a litigious state, my next step after that would be a lawyer (assuming they don't comply).
  • Merced, CA · Member since 2017 · 13 posts · 1 vote
    6y

    Thanks I do have the notice to cure or quit but I'm asking about the legal reasons I should site as violation.

  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    6y

    State that according to your local building code garages are not living space and thus may not be used as a bedroom. If you want a  more legal definition cite the definition of garage in your local building code which should be available on your towns web site.  Not sure about legally but that would be my stab at it.   Or you could just say in plain English the property was rented as a x bedroom the garage being used as living space is not permitted. not sure what the local building inspector would say.

  • Merced, CA · Member since 2017 · 13 posts · 1 vote
    6y

    Thanks! This gives me a good outline!

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Here's the California ruling on unconverted garages used as bedrooms:

    "Living in a garage in California is only legal if the garage has been converted to a habitable space through the proper channels. Letting guest sleep in an unconverted space for a night can be a big enough violation to result in fines."

    It does require permitting to convert and inspections to determine habitability.  

    And, I'm kind of wondering what the tenant is using the bedroom(s) for...it might be worth sending them a Notice of Inspection and taking a look at your property.

    Hope this helps...


  • Merced, CA · Member since 2017 · 13 posts · 1 vote
    6y

    I have already inspected since I just closed on the purchase. The old lease from the previous owner states that they can use the garage for storage. Since they are using it as a bedroom I wanted to serve them notice to avoid any legal problems I might have when they are violating the law and I had nothing to do with it. I do not wish to convert the garage into living space, so I want to make it clear to them that they must not live in there or vacate for this violation.

  • Rental Property Investor · Bradenton, FL · Member since 2017 · 45 posts · 28 votes
    6y

    If it's not already in your lease, put it in (I have it in mine.)  I also added "sheds" for the same reason.  I don't want people living in my garages OR backyards.  Until then, a "cure or quit" (as mentioned previously) should do it.  You don't need any further "legal reasons" other than a lease violation unless it contradicts state laws.

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