What is a tenant’s obligation if the unit they are renting is illegal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is a tenant’s obligation if the unit they are renting is illegal?
We found our rent to be illegal. Also, the landlord gave us couches she had that she was throwing away. Now that we want to move do to water damage and unsafe living, she has been harassing us. She wants the furniture back, and she wants us to repaint the whole house which is in great condition. Can she get away with all this? What are our rights as a tenant? We always paid cash yet we have recites. we also have an unsigned lease.What should we do?
Asked on May 15, 2011 under Real Estate Law, Connecticut
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) Leases, including oral or verbal leases, are enforceable; the tenant does not have to do or pay anything more than what is included in the lease. (And unsigned lease mostl likely counts as an oral lease, with the unsigned draft helping to corrobarate or evidence the terms.) So unless the lease agreement--again, including an oral understanding--required you to repaint when you moved out, or unless you substantially damaged the exterior paint (which seems unlikely from what you write), you do not need to repaint.
2) Similarly, you don't need to give the couches back unless (1) the lease said you would; or (2) there was some other agreement indicating they were a loan, not a gift. Otherwise, once you are given them, you do not need to return them; gifts, once given, cannot be ungiven.
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.