Is it legal to rent a commercial space and use it as a residence?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to rent a commercial space and use it as a residence?

What are the legal considerations if I wanted to rent a commercial space and use it as my place of residence?

Asked on October 25, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If it is not zoned for residential use and/or does not have a certificate of occupancy, you can't do this--period. You are not allowed to reside in any place which is not a legal residence.

It may be possible to get it rezoned, get a waiver of zoning, get a CO, etc., but it may well not be worth the effort, time, and cost. You'd also have to deal with issues of building and health codes--e.g. a place not designed or designated as a residence may not meet the code requirements for a place of residence, and so living in there would, again, be illegal.

If you rent or lease the premises under false pretenses--i.e. you tell the landlord it will be commercial, but you're really going to live there--you will either be in breach of the lease and/or will have committed fraud in forming the lease, and in either event could be evicted and also sued.

It will be impossible to get the proper kind of insurance to protect yourself--you can't get residential renter's insurance for a commercial space. If you lie to get it, you are committing insurance fraud.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption