Question
Do I have an obligation to owe my landlord rent if her home is zoned single-family?
When I moved into this studio/mother-in-law apartment in her basement and I had discovered there to be issues with the odor that was in the apartment. I told my landlord regarding some of the obvious mold problems and other fixes that needed to be made (a month later, they had not been fixed). After about 2-3 weeks I gradually became more ill, and complained that the work still hasn't been done and brought up new issues (the heater smelled like a corpse when turned on). After disputing with her that I wanted out of the lease; she refused (I had another 5 months on the lease). Later I had found that: A) Her home is zoned single-family, and she is renting out a mother-in-law type of apartment in the basement with a kitchen and bathroom. B) She is not the taxpayer name on the home, and she is the only name on the lease. So my question is if she pursues legal action against me, than does she have a chance at getting me to pay the rest of the amount owed on the lease?
2 months ago - 3 answers
Best Answer
Chosen by Asker
She could be a renter and subletting to you....her name wouldn't be on the tax bill and that is perfectly legal. She is renting you a space in the house, again nothing illegal about that. Consider calling the public heath department in your city or county about the mold problem. If the matter came to court it would be your responsibility to prove that the mold made you sick. You could hire a furnace repair company to check out the heater. If there is a problem then the landlord would be responsible for the service call and the repairs, if there isn't something wrong you would be responsible for the service call.
by Glenn S
2 months ago
Asker's Rating: 
Other Answers
It being an illegal apartment and/ or an illegal sublet does not have anything to do with your lease. Those issues are between her and the primary landlord and between the home owner and the city. You can break a lease for health hazards but you cannot just leave. It must be court ordered. When you do not use the proper procedure you can be charged just like any other tenant breaking a lease. Having an illegal unit does not mean they cannot collect. All that will happen when she sues you is that she will get in trouble as well. This will NOT get you out of what you legally owe.
by Wildcat- 2 months ago
To answer: Just because the home is in a single family zone doesnt mean that it isnt grandfathered. A mother in law apartment is one that doesnt have kitchen appliances, by the way. It doesnt matter if she is the taxpayer or not. If she controls the property then it is likely that she has the authority to enter into a lease. As to the rest the rotting corpse smell is probably the additive that is put into the gas to make it stink. When it burns it will sometimes residue will cake above the burner. You should simply take the cover off and wipe off the residue. From experience, you may find that the residue is causing you to feel sick.
by charles w- 2 months ago