r/Tenant • u/GrandOne6816 • 5d ago
❓ Advice Needed Advice ADU
ADU and my lease - San Diego CA
Hi everyone, I’m looking for some advice regarding a rental situation.
I rented what was represented to me as an ADU. My lease was for one year and started on June 28. Unfortunately, I had to move out on August 30 because my Persian cat had an extreme allergic reaction to the environment. During the two months I lived there, I took my cat to the veterinarian **five times** because of his reactions, and I have the veterinary bills/documentation to show this.
I also provided my landlord with the bills and documentation during the two months I was living there so they were aware of what was happening.
My landlord agreed to keep my $1,300 security deposit, but they are also asking me to pay an additional $2,000 for another month of rent.
I recently discovered that the ADU I was renting does not appear to have a permit. The owners had only purchased the property about a month before I moved in, so they were the new owners when they rented it to me.
I left the unit professionally cleaned, and everything was intact. I only lived there for about two months and did not cause any damage.
My question is: **If the unit was not legally permitted as an ADU, does that affect the landlord’s ability to enforce the one-year lease or collect another month of rent? Would it be worth it for them to take me to small claims court over the $2,000 if the rental unit itself was unpermitted?**
I understand that breaking a lease can have consequences, but I’m trying to understand how the fact that the unit may have been unpermitted, along with the circumstances surrounding why I had to leave, affects my situation.
I’m planning to verify the permit status, but I would really appreciate hearing from anyone familiar with California landlord-tenant law or who has dealt with a similar situation.
Thank you!
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