Eviction question on illegal unit

[Wilson Lee]

Hi BP forum, we have a multi- unit in California (LA county) and just found out one of the units was illegal (city report performed inspection while trying to sell the property). Now we're trying to get the tenant in that unit to move out without starting any formal eviction paperwork. They have lived there for over 20 years and unwilling to move. We've tried cash for keys and also offered to move them into a larger vacant unit on the property for the same rate they are paying now. Win win, right? But they are being stubborn.

Our issue is, when we start the eviction process and eventually evicted, can they sue us for the 20 years of rent collected? We're received 3 different answers from 3 different attorneys.

Attorney 1) Yes, they can sue you for 20 years of rent paid. But it is up to the judge to deem it reasonable.
Attorney 2) No, they can only sue you for up to 4 years due to statute of limitation.
Attorney 3) They can only sue you for rent paid from the time the city reported it as illegal unit.

So which is the right? 

Also if anybody has a good real estate/eviction attorney in the Los Angeles county area they can refer, please drop me a message.

[Mike Wood]

@Wilson Lee Given that the unit has been in use continuously for 20 years, I would consider requesting from the city that the unit be grandfathered in.  It is very likely that this unit was not "illegal" at the time it was put in service, and having it being in continuous use for 20 years should have alot of sway with the local city officials.  While I am not in CA, in my area, if the violation has been in continuous use for 5 years without issue (i.e. no code violation issued or notice to correct), it will be accepted as being grandfathered in and no longer be considered a violation.  I would think it would be very worthwhile fighting this with the local city.