WEN SOMEONE GETS EVICTED FROM AN ILLEGAL DWELLING IN CA IS IT TRUE THEY CAN SUE FOR ANY BACK RENT PAID? AND CAN ACTUALLY WIN THE CASE?

Asked by Casey Pratts, Los Angeles, CA Sun Nov 13, 2011

HOW WOULD A JUDGE LOOK AT THE EVICTED TENANT ? LIKE A COMPLETE PIECE OF POOP, OR THINK THAT THE OWNER SHOULDVE BEEN PAYING TAX ON THAT AND HASNT AND LOSE THAT ARGUMENT?....

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8
James Trapas…, Agent, Highlands, CA
Sun Nov 13, 2011
Sure, why not .Rent was paid tenant was unwitting victim.
1 vote
Alan May, Agent, Evanston, IL
Sun Nov 13, 2011
I'm not a lawyer, nor do I live in California.

But when watching Judge Judy, and the People's Court (yes, my guilty pleasures), they've dealt with this issue before. They've said that when making an "illegal agreement" ... such as renting an illegal dwelling, both from the renters standpoint as well as the owners... you can't enter into an illegal agreement, and then expect the legal system to rectify it for you.

So my "guess" would be that you cannot sue for back pay. But hey, I'm not a lawyer, and sometimes it depends on the judge you draw. But I wouldn't count on it.
1 vote
FSBOsuccess, Home Seller, 28590
Wed Sep 26, 2012
Not sure about this person's story. Posted a total different scenario in addition to this one. And hey, please don't write in all caps. It is considered shouting and hard on the eyes to read.

In addition, the business about the taxes of the owner's are none of your business.

James, not too sure this was an "unwitting victim" if you read his/her other posts.
0 votes
John Arendsen, Agent, Leucadia, CA
Mon Nov 14, 2011
Casey, in all reality you should be talking to a social worker where your young children are involved. This is a real estate venue. What you are describing is more of a social issue or a legal issue at best. I wouldn't want to string this thread along anymore than I already have.

I'm not qualified in this area and wouldn't want to give you bogus information. Perhaps there are some RE professionals who've had experience with situations like yours who are also more familiar with LA real estated protocol that may wish to comment on this very perplexing subject. Good luck and I really hope everything works out for you and your precious children.
0 votes
Casey Pratts, Renter, California, San Bernardino, CA
Sun Nov 13, 2011
i didnt know until the month they gave me a 30 day notice... they had shut off my utilities in kitchen and i wasnt able to use stove/ oven or lights an i have 3 minor children at home and they refused to put it back on and i made calls and health dept woman said let me check something and started to tell me that they could come out but if had no where to move id be screwed bcus ithey had notone permit and it is in a zoning area which only single family homes ,not multi family homes, and..a friend of fmine who owns 2 homes and rents one home out says not to feel bad and sue that its not fair that everyone else has to pay taxes on homes they rent out and they havent ever ... and i get only 638 a month in los angeles .. havent got hired yet anywhere and have 3 daughters next to me whos really willing to rent a single for that many and where in la can i get anything more than a single for even that amount ? not everybody is destined to prosper .... =)
0 votes
John Arendsen, Agent, Leucadia, CA
Sun Nov 13, 2011
Trying to figure this one out. You say you got "evicted fro an illegal dwelling". What made it illegal? Was it a condemned property, an abandoned foreclosure, a Crack House? I think we need a little more info. I think I need to chime in with Alan at this point. Why would you even enter into an "illegal agreement". Not sure about the tax part of it. Taxes are but one issue. What about the payments? Need a little more clarificationn
0 votes
Ron Thomas, Agent, Fresno, CA
Sun Nov 13, 2011
You are asking the wrong people:
We are Realtors, not Lawyers.
If you lived there long enough, so that the rent adds up to a large amount, how could you not have suspected something was wrong?

Good luck and may God bless
0 votes
Scott Godzyk, Agent, Manchester, NH
Sun Nov 13, 2011
A legal question can only be answered by a lawyer or a professional property manager in your area. You could ask a lwyer as most first meetings are free or would need to check with the CA Bar Association where they may have a free FAQ secition. Good luck working things out
Web Reference:  http://www.ScottSellsNH.com
0 votes
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