What to Know About Accessory Dwelling Units 

 

 

Written by Ashley Sutphin Posted On Monday, 17 July 2023 00:00 

 

 

With the stubbornly high prices of homes and the limited inventory, people are getting more creative about their living spaces. With that can come the use of accessory dwelling units or ADUs. These additions create secondary housing on a single-family lot. An ADU can be a way to create multi-generational housing or a second income stream.

Accessory dwelling units are also great for guest suites, in-law apartments, and home offices, but there are things to be aware of before you commit to adding one to your property.

What Is an ADU?

The term accessory dwelling unit is regulatory and legal in that it describes a secondary house or apartment sharing the lot for a larger main home. These units can’t be bought or sold independently, but as mentioned, they can be a source of additional income.

ADUs usually have their own living and kitchen areas and a separate entrance from the rest of the home. They can be standalone or attached to a garage or another part of the primary house but generally use the house’s water and utility connections.

ADUs and Zoning Laws

Following World War II, there was a major housing boom in the U.S. In response, most residential parts of the country were zoned, setting limits on the size and separation required for single-family homes and also limits on population density. In more recent years, there have been growing changes in zoning that allow for ADUs.

The zoning laws for ADUs usually limit the style and size and also require the owner to live on the property.

If you’re thinking about building an ADU, you have to find out if it’s legal where you are. If you build an ADU and it’s against any laws or regulations to do so, it can cause future problems if you want to refinance at any point. If you build an ADU without proper authorization, you might also face code enforcement actions. If you’re a property owner, you should look at the zoning ordinances where you live, and it’s not a bad idea to consult with an attorney as well.

The Pros and Cons of an ADU

The pros of ADUs include that they can provide additional income if you rent them out, add value to your property, or give you more living space. The downsides of an ADU include that they cost money to build and then maintain on a monthly basis, they could take up space you might use for another purpose, and if it’s used as a rental, it will require you to act as a landlord.  

While one of the benefits of an ADU is that it has the potential to add value to your property, it depends a lot on the market. Knowing whether an ADU will be a good investment can be tough until you sell your property.

There are five types of ADUs, which include:

• Detached new construction, also called backyard cottages or granny pods. These give a lot of privacy because they’re separated from your main house.
• An addition or attached ADU extends from your main residence.
• An above-garage ADU can be added to existing garages as part of a remodel, or you can add one to the plans for a new build.
• Garage conversion ADUs can change the garage’s entire functionality from storage to an ADU.
• Basement conversions are similar to garage conversions in that the basement becomes an extra living space and often has a private entrance.

 

You will almost always be required to get a permit for an ADU, with specifics depending on your state and relevant local laws. Because of the demand for affordable housing, a lot of states have eased up on zoning laws to promote using ADUs to create more affordable housing.

Depending on where you live, particular guidelines may determine the minimum lot size or how many ADUs you can put on one property. Some laws dictate the size, type, and design of an ADU, and you may face multiple sets of guidelines—for example, one set from your city and one from your HOA.

You can’t sell an ADU as a separate residence because the term accessory means it’s legally attached to your current single-family lot.

Your location will have its own development standards. For example, in some towns, there’s a limit on the square feet that an ADU can be. You should consult your local laws to determine what type of kitchen may be required.

Overall, ADUs are a way to deal with the housing affordability crisis. They can also be a way to have loved ones live with you so they don’t have to go to assisted living or nursing homes while retaining a sense of privacy. They are guided by plenty of regulations, and you need the proper permits, but it’s an interesting form of housing that’s becoming increasingly in demand.

 

How Can You Break a Lease Legally? 

 

 

Written by Ashley sutphin Posted On Wednesday, 12 July 2023 00:00

 

 

Sometimes, people find themselves in situations where they need to break their lease. You can legally break a lease sometimes, but the situations where it is legal are pretty limited.

One reason you can break a lease legally is if the property is violating habitability standards. The law requires landlords to maintain a property in a “fit and habitable” condition. This means tenants need access to running water at all times, and trash bins must be provided. Landlords must perform repairs, follow health and safety codes, and clean common areas.

A tenant can file a health or safety complaint if these things aren't done.

If a formal complaint is required, an inspector visits the property to see if there’s any merit. The inspector will decide if the complaint is valid, and a landlord is sent a notice of violation. The landlord is then given a certain number of days within which they have to fix the problem.

The tenant could file the complaint directly with the landlord, too, and provide written notice that says there’s a violation needing to be repaired. State laws dictate how long a landlord has to respond and then fix the violation.

The tenant may be able to legally break a lease agreement in most states if a landlord doesn’t fix a major violation.

If a tenant tries to break a lease based on habitability reasons, they have to provide written notice stating their intention to terminate the agreement. Depending on the law in the state, the tenant has to wait a certain number of days after they give notice before moving out. The exception is if the violation is so severe that it would require a tenant to move out immediately.

Rules of Entry and Harassment

Landlords are required to give a minimum of 24 hours’ notice before they have the right to enter a tenant's unit. Also, the landlord must have a legal reason to enter, like inspecting it, making repairs, or showing the unit to possible tenants.

The tenant may have a legal right to break their lease if the landlord tries to enter their unit for reasons that are not allowed or they make continued attempts to enter the unit without notice.

A tenant can also break their lease legally if the landlord harasses them. The tenant usually has to get a court order to get the landlord to stop their behavior. If a landlord violates the court order and doesn’t stop the behavior, the tenant can provide them notice they’re terminating the lease.

Active-Duty Military

The Service Members Civil Relief Act (SCRA) provides protections for members of the military who are on active duty. If a service member signs a lease and gets orders requiring them to relocate for at least 90 days, the tenant can terminate their lease agreement. The tenant does have to provide written notice to their landlord at least 30 days before the date they want to end the lease. The tenant will also often have to show proof to their landlord.

Domestic Violence

Many states have protections for people who are victims of domestic violence. If a tenant is the victim of domestic violence, they might have the right to terminate their lease without penalty. The act of violence must have occurred within the last three to six months.

To utilize these protections, a tenant has to provide written notice to their landlord that they want to terminate their lease due to domestic violence. They have to give the notice at least 30 days before they hope to end their lease, and some states require more notice than that. The victim has to pay rent only up to their lease termination date. The landlord does have the right to ask for proof of domestic violence.

The Property’s Illegal

If the apartment someone is renting isn’t a legal unit, a tenant can end their lease agreement without being penalized. State laws vary, but the tenant is often entitled to have at least a portion of their rent paid back. They might also be entitled to additional money from the landlord to help them find another rental.

Finally, a lease is a legally binding contract. Other than the reasons above, if you break your lease, you could face legal consequences. One consequence is the landlord suing you for any rent owed if you’re the tenant. A landlord could also sue you for damages and breach of contract, and you could get an eviction on your record. Evictions negatively affect your credit, and it could be hard to find anything to rent in the future.