Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
When did you become aware it had no certificate of occupancy?
Have you moved out since it is an unpermitted dwelling?
Ok, so it was over 2 years ago that you became aware it was an illegal dwelling.
If you wanted to contact the local Code Enforcement office or Building Inspector, they can come out and inspect and force the landlord to make repairs and get the proper permits so that it can be legitimized if possible. If it can't, then they will condemn it and you would have to vacate, but the landlord would have to pay to put you up in a hotel for up to a month or until you found another property to rent.
But if you were curious about whether you could sue for your rent back, the answer is no because you have been aware that it was illegal for over 2 years and you haven't vacated. If you had moved out as soon as you became aware of it, then you would have had legal grounds to sue for all your rent back because it was illegal and you immediately vacated once you learned this..