What are a tenants rights if they are renting a non-licensed rental property?

UPDATED: Mar 5, 2012

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What are a tenants rights if they are renting a non-licensed rental property?

We found out the house that we rented here is not licensed for rental. Boiler overflowed last week ruining basement carpet. Landords asked us to tell insurance company they lived here so it would be covered. Now they told us since basement is getting redone and so we have to get rid of our pets. We refused so they want us out. How much time must they give us to move? How much trouble can they get in with the city and their insurance money?

Asked on March 5, 2012 under Real Estate Law, Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am confused by what you mean "not licensed for rental."  If the landlords own the home then they can rent it.  What is an issue is that they have not advised the insurance company that it is not owner occupied and that has an effect on the polciy and the ability to collect.  That is why they asked you to say they lived there.  Do you have a lease?  Does the lease allow pets?  Then you are good to have them stand by the lease.  And you are correct that their insurance company can disclaim coverage and pay them  nothing.  If you have no lease then they have to give you 30 days notice.  I would discuss the issues with them, ask for time and moving expenses.  Good luck.

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