Help me understand this law

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Help me understand this law

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Member since 2021 · 36 posts · 18 votes

I own a SFH that has an attached in-law suite. It's perfectly legal and up to all codes. (The law calls it an "accessory dwelling unit" even though it's attached) I want to rent the house as two separate units. There is a single front door for entry, and an additional door for each side once you get in, it is totally separated. Legally speaking, my house cannot be designated "multifamily" under any circumstances due to zoning.

The law regarding in-law suites is confusing to me. It states:

The two paragraphs seem to contradict each other. 
"for owner occupancy or rental or lease on weekly or longer terms"
and then
"the structure shall not be defined as multi-family and shall not serve as a rental unit for gain"

Am I not allowed to rent out this extra suite in my house? Only my relatives can live there for free? That doesn't make any sense. If this was a normal house I could rent each room separately, that would be perfectly legal. They would be "roommates". Am I not allowed to rent this house to "roommates"?

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  • Chad New
    Orange County California · Member since 2019 · 25 posts · 17 votes
    5y

    Jake, which state is the this home located?

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    I think you're reading way too much into it. Like you said, there's no law against renting out a spare bedroom so you should be able to rent out a separate space that has it's own entrance. Even an apartment building has a shared entrance and then separate private entrances.

    Contact your City Planning and Zoning. Don't mention your address. Just describe the situation and ask if it could qualify as a rental.

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  • Wayne Brooks
    Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    Some jurisdictions only allow you to rent the ADU if you occupy the main house. Most allow you to rent them both out without having to occupy at all….it's local.

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  • Ryan Seib
    Attorney and Real Estate Broker · Madison, WI · Member since 2016 · 265 posts · 100 votes
    5y

    Its just defining the terms "single family dwellings" and "dwelling unit". The definition is a single family dwelling is for a single family. The question is whether your property qualifies to be defined as thus. These definitions are generally descriptive not prescriptive. The point is to determine if your property falls under some other definition. I agree you may want to contact someone who knows the answer with your question. BUT the zoning office is going to look into it if you do. So first stop would be someone else you know personally who has experience with the municipal code there, and/or a lawyer. The lawyer can call zoning if needed. You do not want to give them any hints who you are, or even your phone number. Or you could get a notice. It happens.

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