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Updated about 2 years ago on . Most recent reply

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Lindsay Bowman
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Renting permitted addition that is not ADU

Lindsay Bowman
Posted

My offer just got accepted on a 3 unit place. After looking closer I realize there’s only 2 addresses and Redfin has it listed as a single family. Im told all units are permitted and the “unit” that doesn’t have an address is attached to the original construction. My question is, is it legal to rent that as a unit even though it doesn’t have its own address? Im assuming it’s permitted as an addition not as an adu or else it would have an address right? 

Thank you in advance!

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Dan H.
  • Investor
  • Poway, CA
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Dan H.
  • Investor
  • Poway, CA
Replied
Quote from @Max Ferguson:

Was going to say, just look at it as a roommate type situation instead of them needing their own unit lease/etc... But in california I know it could be a lot different. I have no clue as to the laws in San Diego, I couldn't imagine it would be illegal to rent out a space like that though, but laws are odd. Good luck and let us know!


In San Diego, you need a permit to swap water heaters (never seen it enforced). You definitely cannot simply add an extra unit without permits, etc. the state wide ADU laws allow adding ADUs with minimal requirements/limitations but there still are requirements/limitations. Plus the municipalities collect their fees (no impact fees for less than 750').

Back to the OP, I am assuming the 2nd unit is an ADU because you indicated it was Single Family. This leaves a JADU option if you were planning to house hack. It would provide a means to legalize your illegal unit. A JADU must be created from existing legal space (it can add a token amount to accommodate entry). If the current unit footage s permitted and you are planning to live at the property, this would be an option to consider.

Good luck

  • Dan H.
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