City of Los Angeles Prohibits Renting Individual Rooms in Single-Family Homes

Most landlords and tenants are unaware of this rule, and it is crucial to understand. Evicting a tenant in an illegal one-room lease is extremely challenging, at best, so the situation is best to avoid.

Overview

In the city of Los Angeles, zoning laws generally prohibit landlords from leasing individual rooms in a single-family home to separate tenants under separate leases. The city’s goal in creating this rule is to preserve the character of single-family residential neighborhoods.

Single Household Rule

The Los Angeles Municipal Code (LAMC) § 12.03 defines a 'Dwelling, One-Family' as a detached dwelling containing only one dwelling unit. This definition implies that the property is intended for occupancy by a single household, meaning a group of people living together as a single, integrated family unit. When a landlord leases individual rooms to separate tenants under separate agreements, it effectively transforms the use of the property into a “boarding” house, which is generally not permitted in single-family zones.

According to a 2012 report by the Los Angeles Department of City Planning:

"Most living situations with multiple leases qualify as boarding houses and as such are permitted only in multiple-family and commercial zones." (Los Angeles Department of City Planning, 2012 Report)

When there are multiple leases for one residence, it effectively converts the property’s use from a "single-family" residential use to a commercial or multi-tenant arrangement. The 2012 report further states:

"Once a single-housekeeping unit takes on boarders under two leases, it is deemed a boarding/rooming house business and is no longer permitted in single-family zones."

These rules are part of the city’s broader effort to maintain the integrity and character of single-family residential neighborhoods, preventing the conversion of such homes into multi-tenant boarding houses. Essentially, the city does not want landlords running businesses out of their houses by renting each room to a different person.

California Law Supports Rule

The legal foundation for this rule is clearly supported by a 2003 opinion from the California Attorney General. The Attorney General’s Opinion (01-402) directly addresses the issue of renting out individual rooms in a single-family dwelling:

"A city or county may prohibit the rental of individual rooms in a single-family dwelling to separate individuals under separate leases if such a practice is inconsistent with local zoning regulations that restrict the use of the property to a 'single-family residence.'" (California Attorney General Opinion 01-402)

The Attorney General’s opinion further explains that local governments have the authority to define and enforce what constitutes a “single-family residence” under their zoning laws, stating:

"The legislative body of a city or county is authorized to define the term ‘single-family residence’ in a manner that is consistent with its zoning ordinance and to regulate the use of such property accordingly."

The Attorney General’s statements reinforce the authority of municipalities like Los Angeles to regulate and restrict such arrangements to maintain the character and integrity of single-family residential zones. This is a long-standing rule, and therefore it is important to understand.

Implications for Landlords

Landlords who own properties in single-family zones must ensure that their leasing practices comply with zoning regulations. Violating these rules by renting individual rooms to separate tenants under separate leases can result in serious consequences, including:

• Zoning Violations: The Los Angeles Department of Building and Safety (LADBS) may issue citations or fines for zoning violations.
• Legal Liability: Tenants may challenge the validity of their lease agreements if the rental arrangement is illegal.
• Enforcement Actions: The city may require the landlord to terminate the illegal rental arrangement and restore the property to single-family use.

Best Practices for Landlords:

• Lease Entire Property: To comply with zoning regulations, landlords should lease the entire property to a single household under one lease agreement.
• Verify Zoning Compliance: Before renting out property, landlords should ensure the property’s zoning designation allows for the intended use.
• Seek Legal Advice: If considering alternative leasing arrangements, landlords should consult with an attorney to ensure compliance with local laws.

Evicting Tenants in Illegal Room Rentals

If a landlord has illegally rented out individual rooms under separate leases in a single-family home, it may be difficult to evict the tenants. This is because under California law (California Civil Code § 1946.2), landlords must have "just cause" to evict tenants, especially if the tenant has occupied the unit for at least 12 months. Examples of just cause include failure to pay rent, violation of lease terms, and illegal activity on the property.

However, if the rental arrangement itself is illegal due to zoning violations, landlords cannot use this as a sole reason for eviction. Instead, they must pursue other legal options:

a) Apply for Zoning Variance: Landlords may attempt to obtain a zoning variance to allow multiple-lease arrangements in a single-family zone.

b) Comply with Single-Family Use: Landlords may be required to terminate the illegal rental arrangement and restore the property to single-family use.

c) ***Negotiate with Tenants: In some cases, landlords may negotiate with tenants for voluntary termination of their lease agreements.

a. This option is likely the best avenue for landlords to take and it is important that they hire legal counsel to assist with this process. 

What Tenants Should Know

Tenants who are renting rooms in a single-family home under separate leases should be aware of their rights:

1. Legal Rights Remain Intact: Even if the rental arrangement is illegal under zoning laws, tenants retain their rights under California landlord-tenant law. This includes the right to proper notice before eviction and protection from retaliatory eviction.
2. Possible Relocation Assistance: If the city orders the landlord to terminate the illegal rental arrangement, tenants may be entitled to relocation assistance, depending on the circumstances.
3. Challenge Illegal Lease Terms: If a lease violates zoning laws, tenants may have grounds to challenge the enforceability of the lease agreement and possibly even sue the landlord to recover all rent paid to the landlord.

Defending Against Eviction:

If a tenant receives an eviction notice, they should:

1. Review the reason for eviction stated in the notice.
2. Confirm whether the eviction reason qualifies as "just cause" under California law.
3. Consult with an attorney or legal aid organization for guidance.
4. File a written response with the court if they believe the eviction is unjust.

Practical Example

A landlord rents out four individual rooms in a single-family home in a residential (R1) zone to four separate tenants under four separate leases. A complaint is filed with the city, and the Los Angeles Department of Building and Safety issues a notice of violation, requiring the landlord to terminate the illegal room rental arrangement and restore the property to a single-family use. The landlord would then need to negotiate Cash for Keys agreements whereby the tenants accept a payment in exchange for moving out of the property. Then, the landlord could properly rent out the entire residence to a tenant or tenants via one lease agreement.

Conclusion

Landlords should consult with an attorney to review their lease agreements to ensure that they adhere to this rule. If a landlord is in violation of this rule, an attorney can assist the landlord and tenants to resolve the issue.