If the unit I am renting is illegally built, can I assume that my landlord cannot/will not enforce the lease?

I moved into my place, as I recently described in another question, and it turns out that this property is zoned as "one livable unit". However, the landlord has three separate units in two separate BUILDINGS! She lives in one unit and rents out the other two. I signed a lease before:

learning of the zoning, being bitten by her dog, finding out that I pay 1/3 of utilities and represent only 1/5 of the people living between the units, having her son discharging firearms very close to my unit (where I have a child living with me), paying to install my own phone lines, etc. YES, there were no phone lines here at all.

I am planning to move and am all paid up. I have sent her a certified letter to give her notice that I am leaving in 30 days and why. Considering that these units are illegal and have never been reported to or approved by the county - Do you think she'll try to take me court?

*(lease doesn't allow me to break it, even w/ notice)

Just so its clear - I do NOT necessarily plan to report this. And I certainly do not plan to threaten or blackmail her with this info. I just wondered, if she would be inclined to let it go being that she is aware that units are not legal. I do not owe her any money. I have paid as agreed up to the date I plan to move. So I will owe her nothing except the remainder of the lease. However, I am hoping she will decide to keep it out of court based upon the status of this property.

Also, were it not for the unfavorable and unreasonable living conditions, I would never have broken this lease. I was looking for long term housing.

If you owed her money she would still be entitled to the money. However, you are leaving w/o owing. I doubt she will do anything at all.

FYI, just so you realize it....the judge that would determine who gets what if she sues does NOT have any authority to determine the legality of her rentals. You can use the tax record to prove you were not living in a legal residence, and you would win, but he could not in turn fine her for illegal property. The housing authority would do that.

I would not share this with her. She may very well be scared that she could loose everything if any judge gets wind of her illegal activities.

yes, and she will win.

You really should have just walked away at the end of the month and left her with your security deposit to cover the rent.

If she squawks, tell her you can turn her in to the housing authority.

The illegal unit and your lease are two different issues.

The son discharging firearms and the dog are valid reasons to break the lease. Even if there are no terms to break the lease, the landlord is responsible for providing a safe environment. Especially when she and her family are creating the unsafe hazards.

It sounds like it won't be an easy fight to get out. But you can tell her that if she allows you to break your lease with no penalty, you won't turn her in or sue her for the dog bite.

Don't assume that the zoning automatically makes a lease unenforceable.

In New York City...if you have an illegal apartment, a landlord can let someone live there, but he can't charge rent until it's a 'legal' apartment.

Here, and in most places, if the home is not in violation of a building code, you can rent out sections of it and the lease will stand up in court.

You say you aren't trying to blackmail her, but technically that is what you are doing.

The question you need to ask yourself is this: Are you willing to put your credit rating to the test and "hope" she won't turn in the remainder of the lease into collections?

If you move out, and don't know FOR SURE that the apartment is illegal and what rights you do and don't have...you can't backtrack...once you move out it's over.

Here is what a judge will ask you: Did you see the apartment before you signed the lease?

That is why she'll win.

Ari, How serious are you? That's my question to you. In my business nothing is set in stone as long it's a win-win to all parties.

If you are serious... contact a real estate lawyer to seek advice for your situation.

Happiness is priceless!

John Lopez
realestatemichigan@yahoo.com
313-258-1001