What is the definition of illegal rental unit?

A Guide to Illegal Rental Units. An illegal rental unit is one that is rented out for a residential purpose when the property is not legally considered to be residential. Landlords and tenants both have certain rights when it comes to illegal rental units, but make sure you know how to remain legally-compliant.

Is it illegal to rent an illegal apartment?

Illegal units typically contain many habitability issues and are often rented by elderly, disabled, or low-income tenants. Rent controlled jurisdictions recognize that these units deserve special protection.

Is it illegal to have a rental unit without an address?

No address or way of receiving mail. Most of the time, a rental unit that does not have its own address is illegal. Also, if there is not a method for the tenant to receive mail, like their own mailbox, then the unit is probably illegal. Make sure you are aware of landlords’ mailbox requirements as well.

Can a landlord evict a tenant from an illegal unit?

Some municipalities allow tenants to collect “eviction fees” for having rented an illegal unit so that the tenants can find another suitable place to live.

What makes an apartment an illegal rental unit?

If the tenant is sharing the utility bills (gas, electric, water, etc.) with the landlord, or the landlord is paying for the utilities entirely, the rental unit may be illegal. This is a sign because it means that the rental unit is not being separately metered.

Is it the landlord’s responsibility to supply electrical outlets?

Landlords are required to supply working electrical outlets (in every state but Arkansas) but they don’t have to be up to code, they just have to work. It is the landlord’s responsibility to provide a habitable unit for the tenant.

Can a landlord evict a tenant for renting an illegal unit?

The Court reasoned that because a lease for an illegal unit is void and the landlord is not entitled to rent, the landlord could not then evict the tenant for nonpayment. Id. While the case is not binding in the Bay Area, the decision marks a notable shift in how future courts may view tenants’ rights concerning illegal units.