Can I Secure an ADU if I Have a Lease to the Main House?

Question from Invasivespeesi, Can I Secure an ADU if I Have a Lease to the Main House?

Answer from AI:

When you sign a lease for a property, you generally obtain the right to possess and use the space as outlined in your lease agreement. However, the situation becomes more complex when there is an Additional Dwelling Unit (ADU) involved, especially if someone is occupying it without a formal lease. Here’s what you need to consider:

Understanding Your Lease Agreement

1. Review Your Lease:
– Check if your lease includes the ADU or if it specifically mentions any shared spaces or other occupants.
– Determine if the lease grants you exclusive possession of the entire property, including the ADU.

2. Rights and Responsibilities:
– Your lease may outline specific rights and responsibilities regarding the property and any additional units.
– If the ADU is not mentioned, it may not be included in your leasehold interest.

Legal Considerations for Securing the ADU

1. Possession Rights:
– If your lease does not explicitly include the ADU, you may not have the legal right to alter or secure it.
– The presence of another occupant, even without a lease, complicates the issue of possession.

2. Tenant Rights:
– The person in the ADU may have certain rights, even without a formal lease, especially if they have been living there for a significant period.
– In some jurisdictions, they might be considered a tenant-at-will or have other legal protections.

3. Legal Risks:
– Boarding up the unit or changing locks without proper authority could lead to legal disputes or claims of illegal eviction.
– It’s crucial to avoid actions that could be interpreted as self-help eviction, which is illegal in many states.

Steps to Take

1. Contact the Property Owner:
– Discuss the situation with the property owner to understand their perspective and any agreements they may have with the ADU occupant.
– Request clarification on your rights regarding the ADU.

2. Seek Legal Advice:
– Consult with a legal professional to understand your rights and obligations under your lease and local laws.
– A lawyer can provide guidance on how to proceed without violating any laws.

3. Document Everything:
– Keep records of all communications with the property owner and any actions taken regarding the ADU.
– Documentation can be crucial if legal issues arise.

Resources and Further Reading

– For more information on tenant rights and landlord-tenant laws, you can visit the [U.S. Department of Housing and Urban Development (HUD)](https://www.hud.gov/topics/rental_assistance/tenantrights) website.
– State-specific landlord-tenant laws can provide additional guidance and are often available through your state’s government website or legal aid organizations.

In situations like this, where legal rights and responsibilities are unclear, it’s essential to seek personalized legal advice. A legal professional can help you navigate the complexities of your lease and any potential disputes with the property owner or other occupants.