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Five years of reliable tenancy, and this is the thank you. A landlord who lives in another city wants to build herself a little quarters in the garage, disrupt construction across the whole property, charge the tenants for moving their own stuff out, and show up a few times a year to use utilities she will estimate by memory. The tenants, for their part, get to enjoy all of this at full rent with a home gym they no longer have.
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Woman sitting indoors at night looking at a smartphone with blue and purple light from curtains behind her.
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[CA] Landlord Wants to Convert Our Garage Into an ADU for her visit
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Our landlord recently informed us that she plans to convert the garage of the house we are currently renting into an ADU and use it as a place for her own stay/residence when visiting the area. She currently lives in another city with her son, but frequently returns to our area and often stops by the property to access the storage space attached to the garage or stays with friends nearby. She says only a few days per 2-3 months but refuse to write it down.
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Although she had briefly mentioned this possibility in the past, we never formally agreed to it. However, 2 weeks ago we received a message from her stating that the city permit has now been approved and asking us to let her know immediately when construction could begin.
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We are unsure how to respond and would appreciate guidance regarding our rights and obligations in this situation. In particular, we are concerned because the landlord intends to personally occupy the ADU, while no rent reduction or compensation has been offered. The large garage is currently being used primarily for storage, and we have also built and use a home gym there on a daily basis. We are now being asked to completely clear out the garage for construction purposes, and were told that the cost of removing and relocating everything would be our responsibility.
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The landlord is elderly and does not write English very well, so she prefers to communicate by phone rather than email. Her son (he is a co-owner) has been handling communication on her behalf, but his approach has been very aggressive and high-pressure.
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We would greatly appreciate any advice regarding whether we are required to accept these changes under California tenant law, and how we should best proceed.
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Additional Info :
Our lease is in old format and does not specify the garage, and it is detached.
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We have asked them about utility, they said no separate meter and since the landlord will visit only a few times a year, she would just pay us what she used.
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Lease is up this December. The most frustrating part is, we have been living in this house for 5+ years and like the house, we want to stay for 2 more years until kids finish high school. I know the situation is awful and rent is very high, but really no other good options. (we have been searching to buy and switch rental)
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I know they might start thinking about renting ADU in the future, but I know for next a few years it'll be only for her occasional use.
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Their no-paper-trail communication strategy is doing a lot of heavy lifting here. Phone calls only, because the landlord does not write English well. Her son handles the written stuff, but his approach, by the tenants' own description, runs more toward aggressive and high-pressure than toward clear and documented. So the landlord stays warm and vague on the phone, the son sends forceful messages, and somehow nothing that matters ever makes it into writing. This is either a coincidence or it is not.
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California, it appears, of all places to try this, is not the state where landlords tend to win the creative interpretation contests. A detached garage that does not appear anywhere in the lease, used daily by tenants for five years, is not a free construction zone the owner can access whenever the permit comes through. The law there has opinions about this, and most of those opinions are not great news for the person whose son is demanding to know when construction can begin.
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The utilities arrangement deserves a slow clap, a standing ovation, a bow, something. No separate meter, no formula, no written agreement. Just a loose promise that the landlord will pay back whatever she uses during her occasional visits, calibrated to whatever she feels like that quarter. For tenants already paying high rent in a tight market with kids in school and nowhere obvious to go, this situation has the specific texture of someone who knows exactly how trapped you are and is pricing accordingly.
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Refusing to put visit frequency in writing while also refusing to offer any rent reduction is a negotiating position that requires a certain confidence. Whether that confidence is legally justified is a different question entirely.
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