Most apartments look fantastic when you view the listings. But occasionally, that dream property can go drastically wrong, and you find yourself in a dark basement flat with mold, questionable electrics, and an elusive landlord.
Have you made a mistake with your decision, or is there more to it than that?
You may have found yourself in an illegal apartment. Read on to learn more about illegal apartments tenant rights and how to remedy the situation.
Illegal Apartments: What Are They?
Illegal apartments don't refer to properties where some illegal activities are taking place but are the definition of apartments that don't meet all legal requirements. Illegal apartment issues include:
- General safety issues
- Zoning
- Building codes
- Permits
- Lack of emergency exits
- Poor ventilation
Living in an apartment like this can pose a risk to your welfare and safety, so it's crucial to know where you stand.
Tenant rights and building regulations in the US exist to protect people from living in unsafe and uninhabitable homes or from living in illegal properties where they could face a sudden eviction.
Signs to Look for in Illegal Apartments
The first thing you can do to protect yourself from an illegal apartment is to know the warning signs.
You may not see all of these signs, but spotting one or two could indicate a red flag:
- No fire exits or lack of fire exit signs
- Lack of smoke or carbon monoxide detectors
- Condensation or mold due to poor ventilation
- An unusual or cramped layout
- Living spaces in basements and attics that lack sufficient natural light
When property owners offer illegal apartments, they are often trying to maximize rent for the least possible spend. Therefore, cheap and poorly finished apartments are a warning sign that the landlord might not comply with all regulations.
Living in an Illegal Apartment: Your Rights
If you're already living in poor conditions and suspect it might be an illegal property, you have some tenant rights you can enforce.
Landlords have a duty to offer an apartment that meets all national and state regulations. Here is a broad overview of the tenant rights you may want to explore:
- The right to a safe property
- The right to a habitable property
- Protection from a sudden eviction and the right to remain in an illegal property while waiting for legal action to proceed
- The right to report issues to landlords without fear of retaliation (such as eviction for reporting a safety issue)
- Refund on rent paid in an illegal apartment
Depending on your location, you may also be entitled to other rights, such as the right to relocation assistance. Always check the rules for your state.
Landlord Obligations in an Illegal Apartment
If you live in an illegal apartment, you can push your landlord to continue with their obligations. These include:
- Provide essential utilities, including hot water, electricity, and heating
- Fix safety issues like faulty wiring and fire hazards
- Resolve health threats like visible mold
The landlord has a duty to resolve these issues and cannot evict you for making complaints or reporting them. Depending on state law, landlords may also have obligations that go beyond this.
Illegal Apartment Notifications: the Next Steps
The first time most tenants realize they are in an illegal apartment is either after spotting a significant fault or after receiving a notice from local housing authorities.
If you receive this notice, here are the immediate steps you can take:
- Confirm that the notice is authentic by contacting the local housing authority
- Write to your landlord requesting they take action
- Give your landlord a deadline for taking action
If the landlord doesn't take action after receiving your letter, your next step is to file a formal complaint with the local housing authority.
You also have the right to withhold your rent payments until the landlord remedies the situation. You should also consider getting professional legal advice.
Illegal Properties and Tenant Eviction Rights
There is a proper legal process that landlords must follow to evict a tenant from any property - illegal or otherwise.
Understanding this process can help protect you if you're concerned about the possibility of an eviction from an illegal apartment.
First, landlords must always give written notice and timescales for an eviction, allowing you to remedy any violation, like nonpayment of rent, property damage, or breaking lease rules.
However, these violations will not apply if you can prove you are living in an unsafe or uninhabitable illegal property.
If the landlord continues to pursue you with an eviction notice and takes you to court, you have the right to depend on yourself in front of the judge. That is where you must demonstrate evidence that you live in an illegal apartment.
It's worth hiring a lawyer so that you have proper legal support at this stage.
Legal Protections for Tenants: Are There Grounds to Sue Landlords?
If you discover that you are living in an illegal apartment, it may be possible to sue your landlord.
Whether you can sue will depend on the strength of your case, so you will always need to seek professional legal advice. However, you could sue for issues such as:
- Paying rent to live in an uninhabitable or unsafe building
- You may be able to sue for damages if you were injured or suffered ill health due to living in an illegal apartment
- You may be able to sue for the costs of relocating in an emergency
Having a strong case means having solid evidence, so take photos and gather evidence on your illegal apartment. You will also have to show proof you suffered a physical or financial loss.
Illegal Apartments Tenant Rights: Know Where You Stand
It can be scary to face a situation like living in an unsafe apartment. However, never forget that illegal apartment tenant rights are there to support you, so follow these steps to protect your safety, your money, and your home.
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