Can I refuse to pay rent and still get my deposit back if I have been given a 60 day notice to vacate a property due to it being an illegal unit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I refuse to pay rent and still get my deposit back if I have been given a 60 day notice to vacate a property due to it being an illegal unit?
I have been living in a “granny flat” located on the lower level of a 2-story house for about 1 year now. When I moved in, everything seemed legit and I have seperate entrance to my house and I am only connected to the people upstairs by a floor/celing relationship. I come home the other day to a 60-day notice to move out for the reason of “city requirements”. I am confused because I always pay my rent on time and after some research come to find out this unit is illegal. However, the landlord has been renting it out for 15 years. I never would have moved here if I knew.
Asked on July 17, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I would check with an attorney in your area as to the law. In some states - like New York - the home must be a multiple dwelling in order for the tenant to be able to stop paying rent on an illegal apartment. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.