If we have been renting a mobile home that is not a legally permitted, are we entitled toany refund of our rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we have been renting a mobile home that is not a legally permitted, are we entitled toany refund of our rent?
I rented a mobile home on 11 acres 6 years ago. Just recently, due to having to contact Code Enforcement as our well has collapsed and we have had no water for 10 months now. We found out that there was a caretaker’s permit on this property that expired back in 1988. The property was sold to the current owner and she lived in the mobile home for 7 years prior to renting it to us. Code Enforcement informed us that the permit expired and the home is not supposed to be here.
Asked on August 10, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Landlord Tenant law is so detail oriented and specific to the area in which you live it would being your best interest to consult with ad attorney in your area on the subject. But I can say that generally, is that if a place is illegal the landlord is not entitled to collect or request ANY rent from a party. The law does not allow a party to benefit from their illegal activity and renting a home that is not permitted to exist on the land is benefiting as I see it. As for being able to recoup the money for the last 7 years: maybe, maybe not. That again all depends on the law in your particular area of California.Your best bet is to seek help from an ttorney and the courts in your area. Be aware that if you decide to challenge the issue of illegality you may be out of a home.
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.