Illegal or Dangerous Rental Units
Tenants may leave and sue for constructive eviction if an illegal apartment is unusable owing to building and zoning violations. Uninhabitable units do not meet rental property requirements, therefore tenants should consult with a tenant attorney.
WHAT ARE THE SIGNS OF AN ILLEGAL APARTMENT?
Living in an unauthorized rental unit has various signs. Some of these include no separate utility meters, very low ceilings, no windows or ventilation, visible wiring or plumbing, or no legal address for the apartment. If you have to enter your apartment through another living area or if it appears to have been added or remodeled without professional building, these are also additional signs.
WHAT RIGHTS DO I HAVE IF I AM RENTING AN ILLEGAL UNIT?
A tenant may have claims against their landlord, such as fraud and misrepresentation, especially if the landlord represented to the tenant that the unit was legal. If the tenant knew ahead of time that they were renting an illegal unit, this may undermine their claim for fraud or misrepresentation, but they will still likely have other viable claims against the landlord. A tenant in an illegal unit may have claims for violation of the rent ordinance, breach of the warranty of habitability, breach of quiet enjoyment, wrongful eviction, constructive eviction, and others.
DANERGOUS OR UNSAFE LIVING CONDITIONS?
Depending on the severity of the repair issues, a tenant may have claims against a landlord that can be litigated in Superior Court. For major, ongoing violations, such as infestation of bed bugs, cockroaches, no heat, mold, sewage and roof leaks, rodents, holes in walls, security lapses, and electrical and plumbing issues, an attorney may take a case on contingency. When a case is taken on contingency, the client does not pay until money is recovered. Damages in an affirmative lawsuit can include return of rent paid, payment for emotional suffering, and damages for physical harm.
