Month: October 2023

New ADU Laws in California: What You Should Know

Posted on October 25, 2023 by - Law

California is in the middle of an affordable housing crisis. City populations have swelled, along with home rental prices. The effects of a general lack of affordable housing are dire, pushing residents toward financial hardship and even homelessness.

In response to this crisis, state and local lawmakers are looking into accessory dwelling units (ADUs) to alleviate the pressure. As a cheaper and more flexible alternative to constructing new multi-family apartment buildings, ADUs are a viable way to add housing quickly. To promote new construction, the state legislatures have passed several new laws to reduce barriers and ease restrictions.

Here are some important changes to California ADU law that took effect in 2023.

Relaxed Height Restrictions

Despite the benefits of adding ADUs, not every community is on board with the idea, and some local governments have tried to deter homeowners from building ADUs by imposing restrictions such as on the maximum size of the dwellings. Under the changes included in Assembly Bill 2221, local authorities may impose height restrictions on ADUs, but they may not set a maximum height less than 16 feet. 

Additionally, there are circumstances where the limit is even higher:

  • If the structure is located within half a mile of a public transit stop: 18 feet
  • If the property already has a multi-family dwelling that is at least two stories tall: 18 feet
  • If the ADU is attached to the primary dwelling: 25 feet (If allowed by zoning laws for the primary dwelling)

60-Day Permitting Rule

Since 2020, state law has required that local permitting agencies either approve or deny a permit to build an ADU within 60 days of receiving the application. With the surge in applications, many agencies denied permits for little reason, just to avoid violating the 60-day rule. 

The new rule requires agencies to list their reasons for denying a permit. This is intended to force the agencies to take a closer look at each application and only deny them for good cause. Also, the scope of the 60-day rule has been expanded to include more entities, such as utilities and water districts.

Front Setbacks

Some local agencies denied ADU building permits based on setback requirements (the distance from the structure to the property line). Under the new changes to the law, if an ADU is no greater than 800 square feet in size, local authorities may not impose a front setback requirement. They may still impose rear and side setback requirements of no more than four feet.

Fire Sprinklers

Building an ADU used to trigger a Group R occupancy change for the property, requiring fire sprinklers to be installed in the primary dwelling. That is no longer the case.

Denials Based on Unpermitted Work

Formerly, ADU permits could be denied because there was existing unpermitted work that had been done to the property. Now, they can only be denied for this reason if the unpermitted work is a safety or health concern.

Demolitions

Many homeowners want to demolish or convert existing structures, such as garages, to build an ADU. To discourage this, some local agencies approved the building permit but refused to provide the demolition permit. Under the 2023 changes, cities cannot withhold a demolition permit if they have already approved the ADU permit.

Talk to a Real Estate Specialist

Building an accessory dwelling unit is a great way to alleviate the housing crisis and provide extra income to homeowners. The latest changes to the law make it an even more attractive option. However, even with the easing of restrictions, there are many bureaucratic rules to navigate, and local permitting agencies may continue to obstruct ADU construction. 

With the help of an experienced real estate attorney, you can clear these hurdles and get your project moving forward faster. To speak with a member of our legal team, schedule an appointment today.

Unlawful Detainer in California and How to Protect Yourself

Posted on October 24, 2023 by - Landlord/Tenant

eviction notice

Evictions are a nightmare, with many people rating it as the all-time most stressful experience of their lives. Even for the landlords themselves, usually, it is unpleasant and something to be avoided if possible.

If you are a tenant on the receiving end of an eviction notice, here is some important information about unlawful detainers in California.

What Is an Unlawful Detainer?

“Unlawful detainer” is the legal complaint a landlord must file with the court to have someone removed from their property—i.e., evicting that person. In effect, it is seeking a judgment that the tenant has no legal right to remain on the property. The most common reasons for filing an unlawful detainer complaint are (alleged) failure to pay rent, failure to adhere to the terms of the lease, and failure to vacate the property at the end of the lease term.

Common Defenses to Unlawful Detainer

Just because you’ve received an eviction notice doesn’t mean you necessarily have to leave the property. After all, you still have due process rights to challenge the legal basis of the eviction. Here are the most common defenses to an unlawful detainer complaint.

1. Already Paid Rent in Full

If the basis for filing the unlawful detainer was a failure to pay rent, then proving that you have in fact, paid the rent is a complete defense. Landlords must give tenants at least three days’ notice to pay the rent (a Notice to Pay or Quit) before proceeding with the eviction. You cannot be evicted if you pay the rent within that time.

 2. Fixing Violations of the Lease

If the landlord alleges that you have violated the terms of the lease, they may give tenants a three-day “Notice to Perform Covenants or Quit.” This notice must identify what the tenants have done to violate the lease and give them three days to fix it. For example, if the lease prohibited pets, the tenant would have three days to remove any pets from the property.

In the case of serious violations, however, a landlord is not required to allow the tenant to fix the problems. Examples of this include:

  • Conducting illegal activity on the premises (such as selling drugs)
  • Causing significant damage to the property
  • Endangering the health and safety of others

In these cases, the landlord need only serve a three-day Notice to Quit.

3. The Landlord Did Not Maintain the Property

Tenants may withhold rental payment if the landlord fails to maintain the property according to minimum livability standards. For example:

  • Failure to provide locks on the main doors
  • Failure to provide heating in cold weather
  • Failure to fully waterproof the roof and walls
  • Sewage backing up onto the property

4. Improper Eviction Procedure

Landlords may not resort to “self-help” eviction. That means they must give tenants notice, go through the unlawful detainer process to obtain a court order, and, if necessary, request law enforcement officials to remove people from the property. They may not skip the court process and change the lock while the tenant is away or remove their possessions.

Discuss Your Situation with an Attorney

California has robust legal protections for tenants, but you might never know about them or have any idea about how to protect your rights without the help of a lawyer. Our experienced attorneys know the unlawful detainer process inside and out; they can provide you with a practical assessment of your situation and a clear plan for moving forward. 

To schedule an appointment, contact our office today.