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We are currently renting an apartment in a house. We are upstairs and another couple is renting an apartment downstairs. It is non-owner occupied.
We have found out through public records that is a Single Family Home, not a 2 Family Home. THe house has 2 kitchens, 2 seperate living areas...it is designed like a 2 family home...just not recorded that way. Legally it is a Single Family Home.
If we were to break our lease, could our landlord sue us and win for the remainder of the lease? Can we sue for back rent, or anything?
Obviously, we hate our landlord due to many things. We have always paid our rent on time, if not a couple of days early and have the place in top notch condition.
What can we do, if we wanted to, in regards to moving out at any time, and any lawsuits or trouble we can get the landlord in?
Well, you could report the house to your town building department. Be prepared to move, though, because it will most likely result in the town requiring you to vacate. As for breaking the lease on an illegal apartment, I have seen this go both ways. Most of the time, though, the judge will still hold you responsible for living up to the terms of the lease.
Well, you could report the house to your town building department. Be prepared to move, though, because it will most likely result in the town requiring you to vacate. As for breaking the lease on an illegal apartment, I have seen this go both ways. Most of the time, though, the judge will still hold you responsible for living up to the terms of the lease.
What if:
1. The landlord had OUR cable hooked up to the downstairs apartment...so we were paying for our cable bill and the people downstairs were getting it for free.
2. In the lease it says the landlord will maintain the premises, including the backyard, and we have pictures showing last summer the yard was never maintained and looked like a jungle.
3. Has never given me a receipt for rent paid, though I have asked constantly for one.
Those, in addition, to it being an illegal apartment
I don't mean to be harsh...but you should have checked it out BEFORE you moved in. Don't be surprised if the court says that to you...b/c that is what I would say. The landlord wants your money so of course he/she is going to make you think it's all fine & dandy. It is your job to be a smart and responsible tenant and check things out before you commit.
3. Has never given me a receipt for rent paid, though I have asked constantly for one.
Why are you giving rent when they aren't giving you a receipt? Are you paying in cash? if you are paying via check then just write "RENT FOR XX/XX/XXXX" on the note.. that should be good enough.
I'd forget about getting back rent. You can't live rent free.
That said, assuming the landlord never told you it was an illegal apartment...
if you want to break your lease, send a certified letter to him/her. In it, explain that you have recently obtained information indicating that the house you are living in has not been zoned as a multi-family and thus, the apartment you are renting is not legal. As such, you feel it was misrepresented and you intend to move. After moving and receiving the prompt return of your security deposit, you will consider the matter closed. Then give the date you want to vacate (I'd suggest giving 30 days).
If the landlord isn't receptive, then explain that if you have to take the case to small claims court, you'll need documentation from the town which will require your reporting the illegal apartment.
basically, make the fact that the apartment is illegal as the reason you are leaving... argue that the landlord entered the agreement in bad faith.
of course, you need to be ready to leave. Again, forget about back rent. once you start trying to get something for nothing, your argument gets weak.
Take it to People's court. They LOVE these cases and she always roasts the guy with the illegal apt.
1. The landlord had OUR cable hooked up to the downstairs apartment...so we were paying for our cable bill and the people downstairs were getting it for free.
2. In the lease it says the landlord will maintain the premises, including the backyard, and we have pictures showing last summer the yard was never maintained and looked like a jungle.
3. Has never given me a receipt for rent paid, though I have asked constantly for one.
Those, in addition, to it being an illegal apartment
Who is paying for the heat, electricity, water, gas, etc. if it's not a valid 2-family house and the landlord does not live there? How is all of that set up?
There are also homes that have permits for an accessory apartment that are not categorized as 2 family homes. Check with your municipality.
Who is paying for the heat, electricity, water, gas, etc. if it's not a valid 2-family house and the landlord does not live there? How is all of that set up?
There are also homes that have permits for an accessory apartment that are not categorized as 2 family homes. Check with your municipality.
There is an upstairs and downstairs (more like a basement). LL pays for all utilities except cable/phone/internet
How could I check to see if they have the proper permits?
There is an upstairs and downstairs (more like a basement). LL pays for all utilities except cable/phone/internet
How could I check to see if they have the proper permits?
If the LL pays for it all, they don't.
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