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 over 4 years 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 over 4 years ago

Your truly,

Ken Wise B.A, LL.B, LL.M
cell: 647-288-5531

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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