Is lease considered binding if it’s an illegally zoned apartment?

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Is lease considered binding if it’s an illegally zoned apartment?

I just discovered the apartment I’m leasing is in a single-family zoned home. The breaker box for the entire house is in my downstairs but I have no climate control.

Asked on November 26, 2012 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are living in an apartment in a zone that only alows for single family residences, then your lease is not binding. You can break it without penalty. However, mke sure that the homeowner did not get a "variance" of some sort. This is legal permission to do something that is not normally allowed under existing zoning ordinances. If your landlord gives you trouble, you can report them to the local zoning enforcement authority.


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