Q: Lived in side apt. in a legally single family home (ground flr not cellar/basement.) Can landlord sue for back rent?
Had many issues here including a flood (broken sink pipe) within 30d of move-in where she never did nor allowed cleanup of the carpet or mold.
Had no power (elec.) to most of the apt. for 9 mos (incl. a dark outdoor walk / approach due to "someone" breaking the light bulbs.) She had 2 "electricians" check the apt., no joy. Eventually court (HP action) sent a resource monitor for her 3rd electrician who found the circuit breaker flipped.
Intermittently would shut down heat or water to my apt.
Refused snow removal to my access/walkway while her's was cleaned creating very icy dangerous conditions. During this time there was no outside lighting.
"Received" my mail in a shared box though *I* didn't rcv it.
And the list can go on.
I believe the C of O is single family.
Landlord and atty suing for rent that I withheld starting when she refused my certified mail 2nd mo.'s rent and also the same time as the flood (and her inaction to it.))
Can I refute her claim?
A: You cannot be liable for back rent in an illegal apartment, but you cannot stay there either, so you will be evicted.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
