Found out I'm in an illegal duplex...

[christihendrick]

I live on the main level and the basement has been converted into an apartment. The utilities are split 50/50 between me and the people downstairs. I made a phone call to the local zoning people, gave the address, and received a voicemail from my contact there that the owner is operating an illegal duplex according to the zoning laws in my town: "That property never has nor never will be approved as a legal duplex." Additionally, the furnace is in the basement and I have control over the heat, i.e. not each unit has its own indy-functioning heating system. I know that is illegal.

The voicemail I received from the guy in zoning went on to say they would contact the owner advising that he may only rent this property as a single-family dwelling, so it sounds to me as if one of us tenants has to go.

My questions: Will this nullify my lease, and if so, will I have a reasonable amount of time to find a new place, and because I signed a lease that does not expire until August, can I sue for moving expenses? Also, will the landlord have to return my deposit more quickly because of the circumstances? I live in Colorado.

Thanks!

 

[Michael Wechsler]

While you might be able to "sue" for moving expenses, I'll tell you what happens frequently with clients that have illegal renting situations. Once they find out, depending upon whether they are scrupulous, they withhold rent from the landlord unless everything is fixed to their satisfaction. Some deadbeats withhold a significant amount knowing they have the landlord in a very bad position.

A landlord with an illegal rental is in a difficult position because of trying to use the court to evict a tenant who came into property of the premises through the landlord's statement that he/she was operating a rental property illegally. This would automatically subject the landlord to fines.

If you need to move, you may think about withholding rent. Obviously this is something that you are going to be speaking to the landlord about, especially since he'll know soon enough that the county is aware of his illegal rental. I cannot be sure of what the situation is with regard to your apartment and who may be the "legal" leaseholder, if either of you. If either of you choose to stay the landlord may face an expensive proposition in trying to get you out.