Legal Question in Real Estate Law in Alabama

Illegally rented apartment

I was renting a basement apartment, with the landlord occupying the upstairs. She walked into my apartment unannounced. My husband called the police to see what our rights were, and found out that zoning laws prohibit her from renting the apartment, and that we would be required to move. My landlord knew the apartment was illegal and had been warned on several other occasions not to rent it out (direct quote from police and building inspectors office). Moving was substantial burden both emotionally (I have a young child) and financially (had to sell personal property really cheap to get money quickly to get out of hostile situation). What damages am I entitled to? Can I sue to get my security deposit back, moving expenses(uhaul rental, utility fees and deposits and new apartment deposit), and reimbursement for my time? What about previous payments, it doesn't seem right for my landlord to make any profit from her illegal act. What about other puntitive damages, to serve as a financial disincentive to re-rent the apartment?


Asked on 9/16/02, 5:47 pm

1 Answer from Attorneys
Marcel Carroll Marcel Carroll JD, PC

Re: Illegally rented apartment

The landlord probably violated your written lease by making an unscheduled visit. Most leases do allow landords to check out the premises, but only after reasonable notice to the tenant.

You are certainly entitled to damages for the expenses of moving once you are required to get out by the municipality. As to punitive damages, I would refer you to an attorney in your seperate state as the laws in the various states will differ. It is always best to try to settle these matters without resort to court. You should insist on a return of your security deposit and on reimbursement for your moving expenses. If you are successful, I would recommend you stop right there. If not, then go for it! but you should consult a local atorney on the qyestion of damages. Perhaps after consultation you could sue on your own account without an attorney.

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Answered on 9/16/02, 6:54 pm


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