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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 2963
Experience:  associate attorney
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I live in an illegal in-law unit and my current landlord

Customer Question

I live in an illegal in-law unit and my current landlord wants to move into the empty bedrooms next to me. I don't feel comfortable living with my landlord , is this possible?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Christopher B, Esq. replied 9 months ago.

My name is ***** ***** I will be helping you tonight. Thank you for your answer and for using justanswer.com. Does the lease mention anything regarding access to any of the bedrooms next to you?

Customer: replied 9 months ago.
no it does not
Expert:  Christopher B, Esq. replied 9 months ago.

Your landlord should not have the right to move in next to you. Understand that with this illegal in-law unit, you could be evicted and the landlord fined for it. There are also some theories that tenants can claim as justification for the repayment of part or all of the rent that they paid while they were living in the unit. Additionally, there is the potential for habitability claims since, quite often, the unit does not conform to building code requirements. Sometimes there are serious safety lapses due to the fact that there is lack of a second exit. This can result in an affirmative lawsuit by you for these conditions. So don't think that the landlord has all of the leverage here. The landlord does not have a right to move into your private space with there being no terms in the lease to allow for this.

Please let me know if you have any further questions and please positively rate my answer if satisfied. There should be smiley faces or numbers from 1-5 to choose from. This extra step will cost you nothing extra and will be greatly appreciated.

Expert:  Christopher B, Esq. replied 9 months ago.

Just checking back in, do you have any further questions?

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