Salazar v. Maradeaga

Opinion

DISCO, J. Respondent brought an unlawful detainer action in March of 1991 to evict appellant from a garage unit which had been used by appellant and her family as living quarters for approximately four years. A department of building and safety order had been outstanding since approximately 1989 requiring respondent to cease the illegal use of this space. Appellant answered tiie complaint with a general denial, and raised a number of affirmative defenses, including a defense that the premises were untenantable and a defense that the premises were subject to the Los Angeles Rent Stabilization Ordinance (Los Angeles Mun. Code, ch. XV, art. I, § 151.00 et seq. [RSO hereafter]). The trial court found that appellant owed no money to respondent, and awarded possession of the premises to respondent.

*Supp. 4Appellant contends on appeal that the court erred in awarding possession to respondent because it was established at trial that respondent had not paid relocation benefits to appellant, as required under the RSO. We agree.

There is no question but that respondent owes appellant relocation benefits. Section 151.09, subsection A, subdivision 11 of the RSO permits a landlord to evict a tenant “in order to comply with a governmental agency’s order to vacate the building housing the rental unit as a result of the violation of the Los Angeles Municipal Code or any other provision of law.” When a landlord evicts a tenant under this section, he or she must pay relocation benefits. Section 151.09, subsection G of the RSO states that: “[i]f the termination of tenancy is based on the grounds set forth in Subdivisions 8, 9, 10 or 11 of Subsection A of this Section then the landlord shall pay a relocation fee of $5,000.00 to qualified tenants and a $2,000.00 fee to all other tenants.”

The issue raised by this appeal is whether a tenant may remain in possession until relocation benefits are provided under the RSO when the occupancy itself is unlawful. Generally, if the object of a contract is unlawful, the entire contract is void. (Civ. Code, §§ 1550, 1598; see generally, 1 Witkin, Summary of Cal. Law (9th ed. 1987) Contracts, §§ 430, 441, pp. 386, 396.) A party who is not in pari delicto may be entitled to relief under certain circumstances, but the relief is limited to rescission and restitution; the party is not entitled to enforce the contract. (1 Witkin, supra, at § 450, p. 401.) This rule applies to the lease of real property. Where, as here, an occupancy violates a zoning or building code enacted for the benefit of the general public, the use itself is illegal, and the defect is thus unccorectable, the lease agreement is held to be void and unenforceable by either party.1 The landlord is not entitled to back rent, and the tenant is not entitled to possession. (Gruzen v. Henry (1978) 84 Cal.App.3d 515, 518-519 [148 Cal.Rptr. 573]; Shephard v. Lerner (1960) 182 Cal.App.2d 746, 750 [6 Cal.Rptr. 433].)