What to do if my garage was turned into a studio without a permit and the tenant won’t pay or leave?

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What to do if my garage was turned into a studio without a permit and the tenant won’t pay or leave?

The tenant living in the converted garage won’t pay or leave. We are afraid to do anything because the garage is converted without a permit. How can we remove the tenant from the property?

Asked on July 17, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You are stuck between a rock and a hard place here and I would suggest that you speak with ana ttorney in your area on the matter asap.  You can not forcibly get  the tenant out.  You are going to have to evict.  And expect that they will allege an illegal apartment and ask not to pay you a dime (but check local law becuase many states do not support non payment in that situation unless it is a multiple dewelling) and expect that the city and county are going to come out and inspect.  Best to get things cleared up now.  Good luck.


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