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Breech of Contract due to Zoning Laws

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J

Jennifer Smith

Guest
I was living in a house that was converted inot a duplex with one other roommate and in the back of the house there was another tenant. We had lived in the house for abour 7 months when one day I was contacted at work by the local county shariff's department and advised that the unit I was living in was listed as a single-family dwelling and was under investigation of county zoning laws. I asked the officer what I could do to help and what could possibly happen to me as a tenant of the home. The officer advised that worse case scenario everyone living in the house would be given a 24 hour notice to move if the landloard was not in compliance with the zoning laws. I advised my landlord that I had been contacted and he assured me that he would take care of the situation. A week later the investigatting officer called me again at work, this time to advise that he was not contacted by my landlord and needed to see the property. I relayed the message once again to my landlord. Immedialy I called my friend who is an attorney who advised me to move off of the property as soon as possible. I contacted my landlord and verbally advised that I would be no longer living at the property within 30 days, and I also sent him a certified letter stating that I would be moving due to the circumstances and the need to protect my own best interest, as well as not being notified of these possibilities prior to signing of the lease, also I requested my $1700.00 deposit within 10 days of receipt of the certified letter. My other roommate decided to stay until forced to move by the county. I moved out of the unit on the day I was supposed to. I have never heard from my landlord since (not to mention that I never received the deposit money I had requested). The landlord re-constructed the unit by adding an entrance between the two apartments and pulling-out one of the stoves, leaving the back unit with only a microwave and toster oven for cooking. I contacted the county and was advised that my landlord did comply with the appropriate measures, but not in the time requested, however, the county would allow all tenants to stay and the owner would not have to pay a fine. I was already out of the unit at this time. I have never been contacted by my old landlord requesting any money nor have I been advised about my deposit until last week when I received a certified letter. My landlord is witholding my depoist because of rent past due plus 10% in late fees, also he is charging large amounts of money for such things as light bulbs, shower curtains, blinds, etc. Does anyone have any advise about the breech of contract due to zoning law violation?
 


T

Tracey

Guest
I think you jumped the gun by moving out before getting notice from the county to leave. The county could have given the notice to the other duplex tenant. Also, L had the option of bringing the place into compliance, which you didn't give him/her a chance to do. Does your attorney friend practice landlord tenant law in your state?

I think what you should have done was notify L of the zoning violation, then waited for an order to leave. You would then have moved into a hotel until you found a new place & L would have to pay your hotel bill AND any extra rent you had to come up with at the new place.

You might investigate the residential landlord tenant laws regarding illegal tenancies. In many states, if an apt is illegal or below code, L can't charge any rent for it & has to refund any rent collected. Perhaps if you hit L with this L will send you the $1700.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
I think you jumped the gun by moving out before getting notice from the county to leave. The county could have given the notice to the other duplex tenant. Also, L had the option of bringing the place into compliance, which you didn't give him/her a chance to do. Does your attorney friend practice landlord tenant law in your state?

I think what you should have done was notify L of the zoning violation, then waited for an order to leave. You would then have moved into a hotel until you found a new place & L would have to pay your hotel bill AND any extra rent you had to come up with at the new place.

You might investigate the residential landlord tenant laws regarding illegal tenancies. In many states, if an apt is illegal or below code, L can't charge any rent for it & has to refund any rent collected. Perhaps if you hit L with this L will send you the $1700.

<HR></BLOCKQUOTE>

Precisely my opinions.
 

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