If my rental is illegal, do I owe back rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my rental is illegal, do I owe back rent?
I rent a room in a home with no lease agreement although I have never met my landlord. She has none of my information, not even my last name. I have lived in the house for almost a year and about a week ago a home inspector came by. he said there hadn’t been an updated renters license for 9 months and that the room I had been living in was not a legal bedroom. My landlord stopped by yesterday and I met her for the first time. She demanded rent tomorrow, including back rent. Is this legal?
Asked on April 25, 2012 under Real Estate Law, Minnesota
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You need to seek help here from either an attorney or a tenant's rights group. In somes states - such as New York - a landlord can recover for rent of an illegal apartment as long as the dwelling was not a multiple dwelling (3 or more familes). So the status of your house may matter here. You could wait until she sues you for the rent or tries to evict you but that is a risk only you can decide to take. 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.