CanI sue my landlord for rent paid if they fail to tell me the guy living next to me is a registered sex offender?

UPDATED: Dec 2, 2011

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CanI sue my landlord for rent paid if they fail to tell me the guy living next to me is a registered sex offender?

I found out today that the guy living next to me in my apartment building is a registered sex offender for criminal sexual conduct. I have a 16 month old son and they never informed me of this. If I move out, can I sue them for the rent I paid?

Asked on December 2, 2011 under Real Estate Law, Michigan


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Very good question. If the person who you are writing about that is a registered sex offender was living in the unit he is presently living in before you moved into your rental with your 16 year old son, and if your landlord or any of his or her agents knew that this neighbor was a registered sex offender, the landlord had an affirmative obligation to disclose this material fact to you before you signed your lease.

Given the situation that you are in and if you want to cancel your lease, I would advise your landlord of your intent to do so in writing. If he or she does not agree to cancel (rescind your lease), I would consult with a landlord tenant attorney about this situation.

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 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.

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