If a lot is zoned for single family dwellings, can a garage be rented out to tenants who pay rent while the family still lives in the house?

Asked on July 11, 2015 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The garage can be rented out to tenants *to park their car* or *store belongings* in the garage. It cannot be rented out to them to live there, since 1) it would be a multiple dwelling property; and 2) the garage would almost certainly not pass code for a certificate of occupancy, meaning there would be code  violations and an illegal rental, as well.

(The garage could also be rented out to someone to use to practice music; to a business so long as that business could be run from that location given the zoning laws; etc. Just not for residence.)

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