Renting in an illegal unit, questions and facts.

The unit me and another tenant have been renting for 11 months now has been deemed illegal, in a whats supposed to be a single family unit to comply with the zoning and fire safety laws . There are 11 units, 9 currently rented, 3 illegal units. We have been issued a form N13 and my date of termination after receiving 120 days notice is march 31st. Now that i know this. I have to move and incur expenses and undue hardship due to no fault of my own and i was un-aware the unit was illegal.Is it illegal for my landlord to collect the upcoming months rent of December to march 31st because the unit is illegal. I found this -> Defense


Asked 12 months ago in Brampton, Ontario
Categories: Real Estate  General Legal Questions  Legal Aid  Landlord-Tenant

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Kenneth Wise

Answer by Kenneth Wise

VerifiedOntario lawyer

The landlord likely made a material misrepresentation when he/she contracted with you and you may be owed damages for the needless moving expenses and hardship.  Technically, you would need to get a judgment against the landlord before receiving any compensation for those damages.

If you unilaterally withhold rent, the landlord can sue you for the unpaid rent and you could counter-claim for the above damages.  The court may penalize you in some way for taking matters into your own hand.

Posted 11 months ago

Your truly,

Ken Wise B.A, LL.B, LL.M
cell: 647-288-5531
email: info@kenwiseandassociates.ca

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Kenneth Wise, or search the Lawyer Directory.

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