An illegal apartment is an apartment that the landlord does not have a certificate
of occupancy to rent it out. 98 percent of basement apartments are illegal as
are a lot of other apartments. The problem is that a landlord is not going to
come right and tell you if the apartment is illegal. It is public record, you
can go to your local town hall and ask them to look up the address and see how
many families are allowed to rent.
Is it ok to rent an illegal apartment?
There is no law against it but keep in mind that you know it is an illegal
apartment and there may be a reason for that. You could not sue the landlord
for having an illegal apartment because you knew before you moved in that it
was illegal. You can report the apartment to the town but keep in mind if they
come down and check out your claim and they issue citations to the landlord
and they do get fixed then the town can ask you leave the premises.
Can an illegal apartment take a security deposit?
They can request one because even though it is an illegal apartment the landlords
are still entitled to rent as long as you dwell there. But they are not entitled
to keep your deposit once you move out.
Can I get evicted from an illegal apartment?
No, if a landlord takes you to court for eviction tell the judge the apartment
is illegal and then judge may make the landlord take you to the Supreme Court.
Only landlords of legal apartments are allowed to sue you in eviction court.
If the landlord takes a tenant to the Supreme Court, does the tenant
have to leave right away?
No, the judge will allow you a month or so to find somewhere else to live.
This should be enough time to find someplace to go.
Will I be responsible to unpaid rent because of the illegal status
?
Yes, because the apartment is illegal does not mean you get to live their for
free. You may get a judgment against you in court for unpaid rent but you are
responsible for the rent as you live there.
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