Commercial Building Law in California - Tenancy?

Question

We are the owners of a commercial building in California. One of the tenants recently seems to have moved in and made this his personal dwelling as well (as evidenced by our other renters complaints of his bed/etc blocking the driveway to their garage). He also has moved in three dogs which has resulted in a noise complaint from the city. I'm trying to convince my husband to give him notice, but he believes it's legal for a tenant to make a commercial building their personal residence as well. Does anyone have any literature on the law regarding this matter, or personal experience to give me a good answer as to what to do? Thank you.

Answer 1

Zoning codes: check them. there are several kinds. Commercial, Residential and multi-family residential. If you building is zoned for Commercial only then YOU not him can be fined and even jailed for "allowing" him to dwell there. plus if something happens to him, like fire, flood or personal injury he could feasibly sue you for damages.

Now, I understand you are not letting him But it so important your Husband understands how detrimenal this mans presence is.

As Always, see a lawyer befor you take action. Due process is very important here.

Edit: Any Realtor can tell you the Zoning code for a building. It is in the.

Answer 2

A lease should outline everything a tenant can or can't do on or in the property - guess you forgot to add "you can't live here, you moron" to the document.    If the area in your city is zoned industrial or commercial, and your building is built as a commercial building it seems to me that he wouldn't be allowed to use it as a residence since the building codes are different.  The fire department may be a good resource for information as there are fire codes that must be adhered to for residences vs. commercial buildings that he is probably violating.   I would definitely confront him about it before you are liable for any fines, damages or lawsuits that might occur for "allowing him" to live there - the dogs make the situation even worse, in my opinion.   Get him out of there now before it costs you more than 1 empty unit.

Answer 3

It is generally NOT legal at all.   Not even close to legal.

Zoning would have to be commercial/residential for starters.

You could be in serious trouble with your county for allowing this to continnue.

If you are in doubt call your city planning office, they will tell you what you can and can not do on your parcel.