Landlord was negligent but renting apartment illegally
Question Details:
I just moved out of an apartment I had been in for 1 year. There was no lease. Throughout my stay, the landlord neglected to take care of the property; the furnace was not working properly, common areas were filled with previous tenants belongings, the landlord did no yard maintenance even in the winter, electrical problems were not solved, and carpets in the apartment were extremely stained and dirty. After moving out, I contacted an building inspector and found out that the landlord did not have the certificate required to legally rent out an apartment. Can I sue him for negligence and illegal renting?
Real Estate Law Answers
No. If the landlord violated rules or code, you could report him to the authorities, as you seem to have. However, you can only file a civil lawsuit to recover for damages or losses, and the landlord's lack of a certificate did not injure you--you paid rent and received an apartment. No injury, no lawsuit.
In the future, if you find out mid-rental that the landlord lacks the proper certification, that may provide grounds to get out of the lease. Also, if an apartment or common areas are not maintained properly or not hygeinic, that may provide grounds to sue the landlord to clean up his act; however, after the fact (after the rental is over), there are no grounds to sue for it.
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