California Penal Code 602.9 PC defines the crime of renting out residential property without the owner's consent. Someone can commit this crime if they claim ownership or possession of a residential property and rent it out to someone without the property owner's consent.
Violations of this state law are not to be taken lightly. They are misdemeanors punishable by up to one year in jail and a fine of up to $2,500, a significant penalty that underscores the seriousness of the offense.
Rental scams can cause significant distress and financial loss for both property owners and prospective tenants. To combat these fraudulent activities, PC 602.9 specifically addresses the crime of unlawfully renting a residential property without the owner's consent, providing a clear legal framework to deter and penalize such actions.
Penal Code 602.9 PC says, "(a) Except as provided in subdivision (c), any person who, without the owner's or owner's agent's consent, claims ownership or claims or takes possession of a residential dwelling for the purpose of renting that dwelling to another is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense.
(b) Except as provided in subdivision (c), any person who, without the owner's or owner's agent's consent, causes another person to enter or remain in any residential dwelling for the purpose of renting that dwelling to another is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that imprisonment and fine. Each violation is a separate offense.
(c) This section does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor any other hirer having a lawful occupancy interest in the residential dwelling.
(d) Nothing in this section shall preclude the prosecution of a person under any other applicable provision of law.
(e) the Legislature intends that this section shall not preclude the prosecution of a person on grand theft or fraud charges. The Legislature finds that this section has never precluded prosecution of a person on grand theft or fraud charges. "
If you're charged with renting someone's residential property without having the authority to do so, you could face misdemeanor charges and time in county jail.
PC 602.9's primary aim is to curb rental scams, which not only undermine the property rights of legitimate owners but also exploit unsuspecting tenants. This law seeks to protect the integrity of real estate transactions and maintain trust in the rental market by establishing strict legal consequences for those who attempt to rent out properties without proper authorization.
What Does the Law Say?
California Penal Code 602.9 states that any individual who claims ownership or takes possession of a residential dwelling without the owner's or their agent's consent for the purpose of renting it to another person is committing a crime.
Likewise, if you "cause another person" to enter or remain on the premises unlawfully for the purposes of acting as your agent, you're guilty of the same crime. Important things to note about this law:
- The crime occurs at the point of claiming possession or taking control of the property, not at the point of rental. In other words, you do not have to succeed in renting the property to be convicted of the crime-you only have to claim possession/ownership without the owner's approval for the purposes of renting it.
- This statute does not apply to lawful subletting. Suppose you are a lawful tenant, lessee, etc., of the property in question. In that case, you cannot be convicted under this statute if you sublet the property to someone else, although you must still do so lawfully with the owner's permission.
Real estate fraud occurs when someone commits fraud related to the purchase, sale, rental, or financing of real estate property. A phony deed or rent-to-own scams fall under the category of "phantom help" schemes.
What Must Be Proven to Convict?
To convict someone under PC 602.9, the prosecution must establish several elements of the crime beyond a reasonable doubt:
- Unauthorized Possession or Claim: The accused must have taken possession of the dwelling or claimed ownership without the consent of the real owner or their authorized agent.
- Intent to Rent: There must be a clear intention to rent out the property to another person. This element distinguishes the act from other forms of trespass or unauthorized occupancy.
- Lack of Lawful Occupancy Interest: The accused must not have any legitimate legal claim or right to occupy or rent the property, such as a lease or sublease agreement.
What are Some Examples?
EXAMPLE 1: John, an aspiring rental agent, spots a vacant residential property in his neighborhood. Without obtaining permission from the property's actual owner, he decides to list it on a rental website, claiming he is the legitimate landlord.
Whether John succeeds in renting the property fraudulently, he can be charged under PC 602.9 for falsely claiming authority to rent the property.
EXAMPLE 2: Emily, a property manager, is responsible for managing several rental properties. One property's lease is coming to an end, and the tenant has informed Emily they will not renew.
Before the lease officially expires, Emily mistakenly lists the property for rent, believing she had the owner's verbal consent to do so based on their past conversations.
However, the owner had yet to give written approval for this specific listing explicitly. During the investigation, it became clear that Emily genuinely believed she had the necessary permission and had no intent to deceive or rent the property unlawfully. Emily would not be convicted under PC 602.9.
What are the Penalties for Violations?
Violating PC 602.9 is a misdemeanor offense. If you're convicted of this crime, you may face:
- Fines of up to $2500 and
- Up to one year in county jail.
Notably, a judge has the discretion to impose misdemeanor summary probation in lieu of jail time. When a real estate agent faces criminal charges, the potential repercussions extend far beyond the potential for criminal penalties.
What are the Common Defenses Against These Charges?
If you are accused under PC 602.9 of renting a residential property without the owner's consent, a California criminal defense attorney may employ several defense strategies to counter the charges. These include, but are not limited to:
- Consent: You had the legal consent of the owner or an owner's agent to rent the property in question. Documentation such as emails, contracts, or witness testimonies can substantiate claims of consent.
- No Intent to Rent: You were in possession of the property in question (whether lawfully or unlawfully), but you did not intend to rent it out. You may be subject to other charges if you were "squatting" on the property, for example, but you can't be convicted under PC 602.9 with no intent to rent.
- Lawful Occupancy: Establishing a lawful occupancy interest, like a valid lease agreement, can counter the prosecution's claims.
- Mistake of Fact: If you genuinely believed they had the right to rent the property due to misleading information or errors, this defense might mitigate culpability.
For additional information, contact our California criminal defense law firm, Eisner Gorin LLP, which has offices in Los Angeles.
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