I am renting a cottage on a property with a bigger house. I just discovered this arrangement is not in compliance with the zoning for the neighborhood. The ordinance says the neighborhood is single family and that detached dwellings can be used for guests occasionally but not to be permanently occupied. Please don’t judge. I just want to gauge the likelihood of being forced to move or fined or both. The house I am renting was the original structure built before the ordinance was passed. However, since the ordinance passed, the property has been bought and sold several times. Before I moved in, it was used for storage. It is structurally sound and in all ways safe for living. How probable is it that the building inspector will discover I am living here permanently? I completely understand that this can’t be an unending situation. But, do you think I am ok for the next two years or so? I welcome your feedback. Thanks. (This is a relatively small city.)
This happens a lot and rarely is any action taken. It all depends on your local government practices, but if no one complains and no improvements are made to the property it seems unlikely to me that a building inspector or other official will ever know about it. Even where detached buildings are allowed to be occupied owners often rent them out off the books and don’t report the income or seek local approval. The same situation exists for renting out rooms in houses without proper zoning.
Thanks for this reply. And it is what I was hoping to hear. I don’t think there would be complaints but you never know for sure. No wild partying from me or stuff going on that makes people notice. I had no idea that home owners could not even have a roommate if the neighborhood is zoned as single family. But apparently, it is. Thanks again. Hopefully I can be stealth for the next year or so and then find something perfectly legit. Rent is pretty high.
In any case, I would think the legal onus would fall upon the owner, not the renter. IANAL, so I could be wrong.
worse case is owner gets fined and has to tear it down but he can argue its "grandfathered " in since no ones ever said anything in about it
Also, the most likely cause of trouble is if a neighbor reports the property’s improper use to the zoning authorities; zoning inspectors don’t, as a rule, just walk around inspecting places at random. So any way you can minimize the possibility of being reported is probably in your favor.
The consequences are all on the landlord. You have a lease or at least a month to month tenancy with the landlord. If the city says you have to go the landlord needs to put you up for the duration of the lease or for the 30 days notice he’s required to give.
I appreciate the feedback. I will definitely not be doing anything that would bring attention to the situation.
This is your best bet. Be very careful.
And ask the landlord (who I assume also lives there, in the bigger house) to do the same.
If he decides to renovate his house, or do major work like rebuilding the garage or paving a new driveway, etc, it may draw attention from the city building dept.
Is the cottage visible from the street? Maybe even go so far as turning off your lights,(or hiding them behind very heavy curtains) so you the cottage wont seem occupied every night.
I agree, I think it’s unlikely anyone will notice or report. But I also think you should make a habit of observing ways that would, at first glance, make it appear you are only there on and off.
Parking your car where it can’t be seen is a good start. Consider low lighting, blacking out a couple of Windows, and coming and going very quietly. Pepper conversations with locals with, 'I’ll be away, I could be out of town, in case I’m overseas", etc. You can always say you got back unexpectedly early!
Good Luck!
Thanks for the good suggestions. I am feeling this will work out ok at least for the short term.
Thanks for the good suggestions. Much appreciated.