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LL suggests that I move out of illegal unit

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formosahoney

Junior Member
What is the name of your state (only U.S. law)? California


Just found out that I live in an illegal studio over the garage in Santa Cruz built in late 80's to early 90's.

The on-site LL has historically rented the studio with electricity included for 8 years.

Last summer when they moved to Colorado a new family moved in. LL asked me to assume electricity which I good naturelly agreed thinking it was $20 to $60 and really a reasonable overall increase make my cost to be there at $920 to $960 and I budgeted for that. Bills however have been $120 to $160.

The new renter and I pay a combined $5000 for electricity year-to-date, because it's one meter. Six months back I had suggested putting in an additional meter for this stand-along, with a projected budget of $1000. I offered to chip in $300, having crunched the numbers and realized that a $300 out of pocket now would save energy costs, with consumption costs leaping from 11 cents/KiloWt at base line to 44 cents/KiloWt at the 300% winter consumption for two house holds on one baseline. I am in effect paying 3X the energy cost. I proposed adding a meter on and looked into permits and costs found out that the unit is illegal.

My share of the electricity has been $1,666 for the year! If the studio was on its own meter, it would have been 1/3 of that and with the $300 meter-build out, it still would have been under $1000.

Now the LL is suggesting that I move out by September...
"We do wish to have a tenant in the appartment who is comfortable with using a wood stove, with the challenging environment and weather"

I have a neck disability and I can't lift things beyond 7 pounds and no neck flexion. Moving out would entail a lot of time lost before and after. I have been recovering since my neck operation of two years and living on savings and loans while rehabilitating to re enter the work full time. I took a job as a server in the country club to make my ends meet and only lasted a week due to severe pain. Last week I had steroid injections to three levels so that walking doesn't cause pain and I can sit at a computer for more then two hours to find work...

Now they want me to move... what are my options?

Was I just greatly stupid for agreeing to pay electricity w/o asking for past bills?
 


Searchertwin

Senior Member
What is the name of your state (only U.S. law)? California


Just found out that I live in an illegal studio over the garage in Santa Cruz built in late 80's to early 90's.

The on-site LL has historically rented the studio with electricity included for 8 years.

Last summer when they moved to Colorado a new family moved in. LL asked me to assume electricity which I good naturelly agreed thinking it was $20 to $60 and really a reasonable overall increase make my cost to be there at $920 to $960 and I budgeted for that. Bills however have been $120 to $160.

The new renter and I pay a combined $5000 for electricity year-to-date, because it's one meter. Six months back I had suggested putting in an additional meter for this stand-along, with a projected budget of $1000. I offered to chip in $300, having crunched the numbers and realized that a $300 out of pocket now would save energy costs, with consumption costs leaping from 11 cents/KiloWt at base line to 44 cents/KiloWt at the 300% winter consumption for two house holds on one baseline. I am in effect paying 3X the energy cost. I proposed adding a meter on and looked into permits and costs found out that the unit is illegal.

My share of the electricity has been $1,666 for the year! If the studio was on its own meter, it would have been 1/3 of that and with the $300 meter-build out, it still would have been under $1000.

Now the LL is suggesting that I move out by September...
"We do wish to have a tenant in the appartment who is comfortable with using a wood stove, with the challenging environment and weather"

I have a neck disability and I can't lift things beyond 7 pounds and no neck flexion. Moving out would entail a lot of time lost before and after. I have been recovering since my neck operation of two years and living on savings and loans while rehabilitating to re enter the work full time. I took a job as a server in the country club to make my ends meet and only lasted a week due to severe pain. Last week I had steroid injections to three levels so that walking doesn't cause pain and I can sit at a computer for more then two hours to find work...

Now they want me to move... what are my options?

Was I just greatly stupid for agreeing to pay electricity w/o asking for past bills?
You were stupid in doing it, period. But a lesson learn. All you health problems have no bearings on this.
 
Now the LL is suggesting that I move out by September...
"We do wish to have a tenant in the appartment who is comfortable with using a wood stove, with the challenging environment and weather"
If your unit is in fact illegal then I would suggest you move as well. That said, make it clear to your landlord that if it's illegal that means NOBODY is allowed to live there, if you move out, another tennant cannot move in. If the LL doesn't like that then you can anonymously alert the local code enforcement.

Also, if the landlord is trying to make you move out because you're handicapped, that can get them in more trouble than robbing a bank. Landlords are not even allowed to ask what your handicap is, if you have one...

BTW - an electric submeter of the type normally used in apartments and such can be purchased for around $100-$500 total.
 
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Searchertwin

Senior Member
Ummmm, where did the LL say anything about a disability being the cause? all he said was, "We do wish to have a tenant in the apartment who is comfortable with using a wood stove, with the challenging environment and weather" Where is the LL wrong? If you replace "gas furnace" instead of "Wood stove", would that still suggest his disability being refer to? I think not!

You are misleading the OP, to go down that road. So there is no bank roll to be had from the LL.

And true LL are not even allowed to ask what your handicap is, if you have one...but that is only at the time of renting to them. During the lease, it can just be conversation. Can you ask about one's disability?
 

formosahoney

Junior Member
I'm the one that's upset so please provide constructive information rather then your knee-jerk reaction.

With that said: what's your logic for replacing "gas furnace" for "wood burning stove"? A gas furnace is in fact nothing like a wood burning stove in its operation. Your point is nulled. A gas furnace just requires the flick of a switch. A wood burning stove requires newspaper, kindling then kneeling to coax a starter fire, then enough coal 30 min later for a large log that could last one to four hours, then you'd got it feed it every one to four hours while the coal is red.

Second you made the assumption that I'm after bank?!??!!? What's in your heart? I was simply looking for ways to not have to move out, did anyone mention bank either I (OP) or the prior adviser?

Stay sharp and object folks. I'm the one upset, just looking for advise not ways to rip the LL a new hole.
 
Well, you don't really have a lot of options. What I said above is entirely correct. You are apparently living in an illegal residence. That is not going to end up leading to anything good. If you don't get kicked out now, you can at any time in the future, without much notice. I would say it is in your best interest to start looking for new housing now - not to make the landlord happy, but because you're living in an illegal apartment.

As for the electricity thing, I don't know, but it sounds like you're out of luck there. I share a meter with 4 other tennants in an industrial building and I told the landlord that splitting the bill up 4 equal ways isn't working when other people use five times as much electricity as I do. She didn't like it, but I told her I'd pay 10% of the total bill until she can prove exactly how much I've used with an individual meter. The burden to install the meter or just stick to 10% is on my LL. That said, I did not get a refund for the electricity I had been buying for everyone else, and I don't expect one.
 
And true LL are not even allowed to ask what your handicap is, if you have one...but that is only at the time of renting to them. During the lease, it can just be conversation. Can you ask about one's disability?
Please familiarize yourself with the Americans with Disabilities Act of 1990. Technically a landlord can utter the words "what is your disability?", but the tenant is not required to give any kind of answer.

Also, if a landlord wants the tenant to do anything differently, or move, because of any disability, perceived or otherwise, then they are in big, big, big trouble. For example, if a tenant doesn't have the ability to properly maintain a wood stove, that is NOT a reason they can be kicked out.
 
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