Is my landlord responsible for knowing zoning laws that could have their tenants evicted?
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Is my landlord responsible for knowing zoning laws that could have their tenants evicted?
We have been asked to evict our property within 30 days by the town government on the premise that we are in violation of a zoning ordinance which voids our lease. I live in a 5 bedroom house with 5 roommates, 2 of which are related. The zoning ordinance states that only 1 extra person can live in a home if they are unrelated to the other tenants. We feel as though our landlord is responsible and at fault for our having to vacate the premises, as we would not have signed the lease if we knew about the ordinance. What courses of action might we take? What could we do if they failed to inform us?
Asked on November 28, 2011 under Real Estate Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your landlord has no knowledge before the lease that you are writing about was entered into about zoning issues concerning the occupation of the unit you are renting, he or she has no obligation to advise you of the issue.
However, if there is knowledge beforehand and you made reference as to the rental situation, then there would have been a duty by the landlord to disclose a possible zoning issue. If this is the situation and you have to vacate the rental due to zoning issues, you and the other roommates should not be responsible for any rent beyond the term of your lease.
You might consider asking the zoning department of your community for a variance to live in the rental pending the end of the lease.
The landlord's obligation is to provide a safe and habitable rental to his or her tenants and to timely make repairs. Zoning issues are beyond the knowledge and training of most landlords.
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