Penal Code § 602.9 PC – Renting Residential Property Without Owner’s Consent

Penal Code 602.9 PC is the California statute that defines the crime of renting out residential property without the owner’s consent. People commit this offense if they claim ownership or possession of a residential property and rent it out to another person without the property owner’s consent. A violation of the law is a misdemeanor punishable by up to one year in jail.

The language of Penal Code 602.9 states:

“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…”

Examples

• renting a vacation home to a family without the permission of the home’s true owner.
• leasing an apartment to a student without asking the owner of the apartment.
• letting someone spend a month in a friend’s home, without his/her consent, for one thousand and five hundred dollars.

Defenses

Criminal defense lawyers draw upon several legal strategies to help clients defend against charges under this statute. A few common ones include the lawyers showing that:

• a defendant was exempt under the law,
• a defendant acted with an owner’s consent, and/or
• law enforcement violated one of the accused’s constitutional rights.

Penalties

A violation of California Penal Code Section 602.9 is a misdemeanor criminal offense (as opposed to an infraction or a felony).

The crime is punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $2,500.

Our California criminal defense attorneys will highlight the following in this article:

• 1. How does California law define “renting residential property without the owner’s consent”?
• 2. Are there legal defenses to PC 602.9 charges?
  • 2.1 Exempt under the law
  • 2.2 Owner’s consent
  • 2.3 Violation of a constitutional right
• 3. What are the penalties?

1. How does California law define “renting residential property without the owner’s consent”?

A prosecutor must prove the following to convict a defendant under this statute successfully:

1. the defendant claimed ownership or possession of a residential dwelling,
2. the defendant did so for the purpose of renting the dwelling to another person, and
3. the accused acted without the consent of the dwelling’s owner.¹

Note that there is an exception under this law. PC 602.9c is the applicable provision of law that provides it. Pursuant to this provision:

“This section does not apply to any tenant, subtenant, lessee, sublessee, or assignee, nor to any other hirer having a lawful occupancy interest in the residential dwelling.”²

In enacting PC 602.9, the intent of the Legislature was that this law would not work to prevent a person from being charged with grand theft or fraud charges.³

If a prosecutor does charge a person with grand theft or fraud, then these are charged as a separate offense to the PC 602.9 charge.

2. Are there legal defenses to PC 602.9 charges?

People facing criminal charges under this statute have the right to challenge them with a legal defense. Three common defenses include defendants showing that:

1. they fell into the exception under this law.
2. they acted with the owner’s consent.
3. police officers/peace officers violated one of their constitutional rights.

2.1 Exempt under the law

Recall that there is an exemption under this law. If people qualify for it, then they cannot be convicted of this crime. Therefore, it is always a defense for a defendant to show that he/she is exempt under the law.

2.2 Owner’s consent

Recall too, that people are only guilty under this code section if they acted without a residential property owner’s consent. A defense, then, is for an accused to show that he/she had the owner’s consent.

2.3 Violation of a constitutional right

Defendants in these cases can always try to challenge an allegation by showing that law enforcement officers/a law enforcement agency violated one of their constitutional rights.

For example, maybe the police:

• conducted an unlawful search or seizure,
• stopped or arrested the defendant without probable cause,
• coerced a confession, or
• failed to read the defendant his/her Miranda rights.

If any of the above applies, then a judge could reduce a defendant’s charges or drop them entirely.

3. What are the penalties?

A violation of this law is a misdemeanor offense.

The crime is punishable by:

• imprisonment in jail (as opposed to state prison) for up to one year, and/or
• a maximum fine of $2,500.⁴

Note that a judge has the discretion to award a defendant with misdemeanor (or summary) probation in lieu of jail time.

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