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When are garages legal to use as housing in California?

If you live in the Los Angeles area, you likely know someone who at one point lived in someone else’s garage because that was all they could afford – or maybe that person was you. People moving to California from other parts of the country can experience serious sticker shock at the cost of renting even a small apartment. Most of these garages, which fall under the more sophisticated term of accessory dwelling unit (ADU), have not always been legal under California law. As California lawmakers have worked to tackle the state’s serious shortage of affordable housing, these laws are changing. In fact, The New York Times recently featured a story about a man who had been living in his parents’ garage behind their home for years. The architecture student converted the space into one that many apartment dwellers would envy. As he noted, however, he’s only been living there legally for a few months. What makes a garage a legally “habitable space?” Even with California housing laws becoming more lenient, that doesn’t mean you can automatically rent out a garage as a home. It has to be habitable space. Specific requirements must be met. Not doing so can result in significant fines. In fact, even letting someone stay overnight in your garage, if it hasn’t been properly converted, can get you fined. While individual city and county laws vary, to be considered a “habitable space,” a garage (or shed or any other structure on a property) that is used in part for sleeping must meet some basic requirements regarding ceiling height, natural ventilation and light, window size, temperature and more. It must have a smoke detector, electrical outlets, plumbing and a lock. It cannot have a gas water heater and can no longer be used as a “garage” in the sense of someplace to park vehicles. If you own one or more real estate properties that have structures you’d like to turn into ADUs that you can rent, it’s crucial to know and abide by all of the relevant local and state laws and regulations. The best way to ensure that you’re in compliance is to have experienced legal guidance.

When are garages legal to use as housing in California?

If you live in the Los Angeles area, you likely know someone who at one point lived in someone else’s garage because that was all they could afford – or maybe that person was you. People moving to California from other parts of the country can experience serious sticker shock at the cost of renting even a small apartment. Most of these garages, which fall under the more sophisticated term of accessory dwelling unit (ADU), have not always been legal under California law. As California lawmakers have worked to tackle the state’s serious shortage of affordable housing, these laws are changing. In fact, The New York Times recently featured a story about a man who had been living in his parents’ garage behind their home for years. The architecture student converted the space into one that many apartment dwellers would envy. As he noted, however, he’s only been living there legally for a few months. What makes a garage a legally “habitable space?” Even with California housing laws becoming more lenient, that doesn’t mean you can automatically rent out a garage as a home. It has to be habitable space. Specific requirements must be met. Not doing so can result in significant fines. In fact, even letting someone stay overnight in your garage, if it hasn’t been properly converted, can get you fined. While individual city and county laws vary, to be considered a “habitable space,” a garage (or shed or any other structure on a property) that is used in part for sleeping must meet some basic requirements regarding ceiling height, natural ventilation and light, window size, temperature and more. It must have a smoke detector, electrical outlets, plumbing and a lock. It cannot have a gas water heater and can no longer be used as a “garage” in the sense of someplace to park vehicles. If you own one or more real estate properties that have structures you’d like to turn into ADUs that you can rent, it’s crucial to know and abide by all of the relevant local and state laws and regulations. The best way to ensure that you’re in compliance is to have experienced legal guidance.

Is a tenant allowed to sublet a space?

Sometimes, people rent spaces with the goal of making money off of doing so. They may feel that they can sublet parts of the space to bring in an income, saving them money on their rent. For example, a renter who leases a three-bedroom property for $1,000 may decide to sublet two of the rooms for $550 each. They’ll essentially make money living in the home by subletting the space and remaining in the third bedroom. This kind of setup can work well for some people, but it’s not always legal or agreeable to the landlord. If a tenant violates their lease, there is a possibility that the landlord may evict them and anyone else who is on the property. Can tenants legally sublet a property in California? Tenants cannot legally sublet a property in California if the lease prohibits it. However, if the lease prohibits assignment and not subletting, then subletting is legal. Putting it more simply, if a lease does not specifically prohibit subletting, then the tenant usually can sublet legally. Tenants who want to sublet a space should review their leases to determine if it has been prohibited before renting out the space. Landlords have ultimate control over who lives in the rental if it has been prohibited, but there are some exceptions. For example, if the landlord didn’t expressly prohibit subletting, then subletting should be allowed. Additionally, certain cities have provisions that allow some kinds of subletting to occur to make rentals more affordable. For instance, in San Francisco, it’s possible to have roommates legally added or replaced to make living within the city more affordable for everyone. Landlords normally won’t deny a subtenant without good reason or unless they’ve already refused subletting and are backed by state law. They might refuse a subtenant who has poor credit, is a danger to others, doesn’t provide enough information or provides false information to them. If a tenant wants to sublet, they should talk to their landlord first to verify that doing so is their right. If the landlord is agreeable with the sublet and the subtenant, then this will help prevent any future problems with the agreement.

Is a tenant allowed to sublet a space?

Sometimes, people rent spaces with the goal of making money off of doing so. They may feel that they can sublet parts of the space to bring in an income, saving them money on their rent. For example, a renter who leases a three-bedroom property for $1,000 may decide to sublet two of the rooms for $550 each. They’ll essentially make money living in the home by subletting the space and remaining in the third bedroom. This kind of setup can work well for some people, but it’s not always legal or agreeable to the landlord. If a tenant violates their lease, there is a possibility that the landlord may evict them and anyone else who is on the property. Can tenants legally sublet a property in California? Tenants cannot legally sublet a property in California if the lease prohibits it. However, if the lease prohibits assignment and not subletting, then subletting is legal. Putting it more simply, if a lease does not specifically prohibit subletting, then the tenant usually can sublet legally. Tenants who want to sublet a space should review their leases to determine if it has been prohibited before renting out the space. Landlords have ultimate control over who lives in the rental if it has been prohibited, but there are some exceptions. For example, if the landlord didn’t expressly prohibit subletting, then subletting should be allowed. Additionally, certain cities have provisions that allow some kinds of subletting to occur to make rentals more affordable. For instance, in San Francisco, it’s possible to have roommates legally added or replaced to make living within the city more affordable for everyone. Landlords normally won’t deny a subtenant without good reason or unless they’ve already refused subletting and are backed by state law. They might refuse a subtenant who has poor credit, is a danger to others, doesn’t provide enough information or provides false information to them. If a tenant wants to sublet, they should talk to their landlord first to verify that doing so is their right. If the landlord is agreeable with the sublet and the subtenant, then this will help prevent any future problems with the agreement.

Requesting a zoning variance

Businesses and private investors in California know the value of commercial real estate holdings, thus prompting many to look for whatever opportunities become available to build up such properties. As is the case across all real estate segments, often the key to a property’s value is “location, location, location.” Yet when it comes to commercial real estate properties, zoning restrictions often bar them from certain locations. That may not stop a developer from falling in love with a particular location. Should one want to pursue the chance to develop a commercial property on a particular location, a zoning variance may be a possibility. Reasons for a zoning variance A zoning variance allows for the construction or development of a certain type of structure or property outside of the standard set by a parcel’s zoning laws. According to the website Bankrate.com, on top of gaining permission to build a new property in contrast of local zoning codes, another common reason for requesting a zoning variance include altering an existing property in a way that would change its current zoning classification. The zoning variance process in Los Angeles County With zoning ordinances set at the local level (specifically at the county level), a developer must seek a variance from the same authority. Per Section 12.27 of the Los Angeles County Municipal Code, the county’s Zoning Administrator can only grant a variance in the following scenario: Special circumstances seemingly warrant the variance A variance allows for the preservation and enjoyment of a substantial property in the zoned area Granting the variance would not adversely affect public welfare or the county’s General Plan (the policy informing future land use decisions) A lack of variance would impose a hardship contrary to the intent of zoning regulations If the issue of the variance affects public interests, the Zoning Administrator may make the variance hearing public.

Requesting a zoning variance

Businesses and private investors in California know the value of commercial real estate holdings, thus prompting many to look for whatever opportunities become available to build up such properties. As is the case across all real estate segments, often the key to a property’s value is “location, location, location.” Yet when it comes to commercial real estate properties, zoning restrictions often bar them from certain locations. That may not stop a developer from falling in love with a particular location. Should one want to pursue the chance to develop a commercial property on a particular location, a zoning variance may be a possibility. Reasons for a zoning variance A zoning variance allows for the construction or development of a certain type of structure or property outside of the standard set by a parcel’s zoning laws. According to the website Bankrate.com, on top of gaining permission to build a new property in contrast of local zoning codes, another common reason for requesting a zoning variance include altering an existing property in a way that would change its current zoning classification. The zoning variance process in Los Angeles County With zoning ordinances set at the local level (specifically at the county level), a developer must seek a variance from the same authority. Per Section 12.27 of the Los Angeles County Municipal Code, the county’s Zoning Administrator can only grant a variance in the following scenario: Special circumstances seemingly warrant the variance A variance allows for the preservation and enjoyment of a substantial property in the zoned area Granting the variance would not adversely affect public welfare or the county’s General Plan (the policy informing future land use decisions) A lack of variance would impose a hardship contrary to the intent of zoning regulations If the issue of the variance affects public interests, the Zoning Administrator may make the variance hearing public.

3 ways to avoid party wall disputes

If you own or rent a commercial unit in a building with other owners or renters, there is a good chance you have at least one party wall. Party walls are simply the walls between two or more separately owned properties. Keeping party walls in good condition is in the interests of all property owners. This is especially true when party walls act as fire barriers or provide structural support. Still, if a property owner on the opposite side of your party wall wants to renovate, you may encounter some conflict. Here are three ways to avoid party wall disputes. 1. Have a comprehensive party wall agreement Arguably, the best time to address party wall disputes is before they arise. With a comprehensive party wall agreement, all property owners understand their rights and responsibilities. Before you purchase a property that has an existing party wall agreement, your due diligence should include reading it. 2. Ask for professional help If you suspect another property owner may be damaging or neglecting the party wall, you may want to ask for professional help. A structural engineer may use laser technology to gauge the stability of the wall. He or she may also attach monitors that send automatic alerts when there is a problem. 3. Pursue alternate dispute resolution While you can probably sue to enforce the terms of a party wall agreement, you may not ever have to go to court. After all, your party wall agreement may include a provision for resolving disputes. If the agreement is silent on the matter, meeting with a neutral mediator may help you reach common ground with the other property owner. Alternate dispute resolution does not always work, of course. Ultimately, to safeguard your investment and your property, you may need to pursue all available options to protect your party wall.

3 ways to avoid party wall disputes

If you own or rent a commercial unit in a building with other owners or renters, there is a good chance you have at least one party wall. Party walls are simply the walls between two or more separately owned properties. Keeping party walls in good condition is in the interests of all property owners. This is especially true when party walls act as fire barriers or provide structural support. Still, if a property owner on the opposite side of your party wall wants to renovate, you may encounter some conflict. Here are three ways to avoid party wall disputes. 1. Have a comprehensive party wall agreement Arguably, the best time to address party wall disputes is before they arise. With a comprehensive party wall agreement, all property owners understand their rights and responsibilities. Before you purchase a property that has an existing party wall agreement, your due diligence should include reading it. 2. Ask for professional help If you suspect another property owner may be damaging or neglecting the party wall, you may want to ask for professional help. A structural engineer may use laser technology to gauge the stability of the wall. He or she may also attach monitors that send automatic alerts when there is a problem. 3. Pursue alternate dispute resolution While you can probably sue to enforce the terms of a party wall agreement, you may not ever have to go to court. After all, your party wall agreement may include a provision for resolving disputes. If the agreement is silent on the matter, meeting with a neutral mediator may help you reach common ground with the other property owner. Alternate dispute resolution does not always work, of course. Ultimately, to safeguard your investment and your property, you may need to pursue all available options to protect your party wall.

What are the most common tenant problems?

As a landlord, you probably do not like to think about disputing with your tenants. Most landlords hope for a cordial relationship with their tenants. Unfortunately, disputes do happen and you have to be prepared to handle them when they do. Moneycrashers has advice on how landlords should handle common problem tenants. Disruptive tenants If you receive complaints about one of your tenants, it is a good idea to investigate it. Some tenants may throw disruptive parties, have loud pets or play loud music throughout the day and night. Try to explain to your tenant the issue that other tenants have with him or her and look for a solution. The lease agreement should always have clear rules about noise and other disruptions. Destructive tenants Before you rent a property, you should take pictures. Even if you vet your tenants, you cannot always predict which tenants will become destructive to your property. To safeguard your property, you should have insurance policies designed for landlords. In addition, you should keep photographic evidence of your property before and after. Uncommunicative tenants Encourage your tenants to speak to you if he or she has any issues with income. For example, if your tenant can no longer afford rent, you may be able to move him or her to a different, lower-priced unit. Some tenants may not explain their situation and you could find yourself saddled with utility bills, even after the tenant leaves the property. To protect yourself against lack of payment for utilities, you may want the utilities to be in the tenant’s name. If you have clients that do not pay, that cause disruption or break the regulations of the lease, you have the power to evict.

What are the most common tenant problems?

As a landlord, you probably do not like to think about disputing with your tenants. Most landlords hope for a cordial relationship with their tenants. Unfortunately, disputes do happen and you have to be prepared to handle them when they do. Moneycrashers has advice on how landlords should handle common problem tenants. Disruptive tenants If you receive complaints about one of your tenants, it is a good idea to investigate it. Some tenants may throw disruptive parties, have loud pets or play loud music throughout the day and night. Try to explain to your tenant the issue that other tenants have with him or her and look for a solution. The lease agreement should always have clear rules about noise and other disruptions. Destructive tenants Before you rent a property, you should take pictures. Even if you vet your tenants, you cannot always predict which tenants will become destructive to your property. To safeguard your property, you should have insurance policies designed for landlords. In addition, you should keep photographic evidence of your property before and after. Uncommunicative tenants Encourage your tenants to speak to you if he or she has any issues with income. For example, if your tenant can no longer afford rent, you may be able to move him or her to a different, lower-priced unit. Some tenants may not explain their situation and you could find yourself saddled with utility bills, even after the tenant leaves the property. To protect yourself against lack of payment for utilities, you may want the utilities to be in the tenant’s name. If you have clients that do not pay, that cause disruption or break the regulations of the lease, you have the power to evict.

What should you know about mortgage fraud?

For many property owners, their homes represent many things, from reaching an important life stage to the centers of their families. Mortgage fraud, however, may jeopardize their homeownership, as well as bring other repercussions. Having an understanding of mortgage fraud may help people avoid getting taken advantage of. Watch for common schemes According to the Federal Bureau of Investigation, people may engage in mortgage fraud to obtain or retain property ownership or for profit. Some of the most common types of mortgage fraud schemes people attempt include the following: Loan modification schemes Commercial real estate loans Foreclosure rescue schemes Illegal property flipping Equity skimming Silent second Scammers also take advantage of the Federal Housing Administration’s home equity conversion mortgage program to convert the equity elderly homeowners hold in their properties into quick cash. Avoid getting scammed According to the Office of the Attorney General of California, people may avoid falling prey to scammers by taking certain precautions. For example, those needing foreclosure assistance should not pay for loan modifications upfront and never make mortgage payments to anyone other than their loan servicers or lenders. Should those providing foreclosure assistance services offer guarantees to stop the foreclosure process or forensic loan audits, it should raise red flags. People should never transfer or sell their homes to foreclosure rescuers as this may cost them ownership of their homes. Homeowners have rights against predatory lending practices; however, that does not mean that such scams do not occur. To protect themselves and their property, homeowners may benefit from working only with reputable services if they find themselves in need of mortgage assistance.

What should you know about mortgage fraud?

For many property owners, their homes represent many things, from reaching an important life stage to the centers of their families. Mortgage fraud, however, may jeopardize their homeownership, as well as bring other repercussions. Having an understanding of mortgage fraud may help people avoid getting taken advantage of. Watch for common schemes According to the Federal Bureau of Investigation, people may engage in mortgage fraud to obtain or retain property ownership or for profit. Some of the most common types of mortgage fraud schemes people attempt include the following: Loan modification schemes Commercial real estate loans Foreclosure rescue schemes Illegal property flipping Equity skimming Silent second Scammers also take advantage of the Federal Housing Administration’s home equity conversion mortgage program to convert the equity elderly homeowners hold in their properties into quick cash. Avoid getting scammed According to the Office of the Attorney General of California, people may avoid falling prey to scammers by taking certain precautions. For example, those needing foreclosure assistance should not pay for loan modifications upfront and never make mortgage payments to anyone other than their loan servicers or lenders. Should those providing foreclosure assistance services offer guarantees to stop the foreclosure process or forensic loan audits, it should raise red flags. People should never transfer or sell their homes to foreclosure rescuers as this may cost them ownership of their homes. Homeowners have rights against predatory lending practices; however, that does not mean that such scams do not occur. To protect themselves and their property, homeowners may benefit from working only with reputable services if they find themselves in need of mortgage assistance.

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