I need some advice/guidance. We currently rent an apartment and started an 18 month lease in March, ending in August 2009. The landlord came to us the end of November claiming a complaint had been filed with the city by an "anonymous" neighbor and we have to vacate the property by December 31. According to the landlord, the apartment cannot be rented because it is a carriage house (above the detached garage) and must be attached to the primary residence.

What are my rights as a tenant who is being forced out of my home because of an illegal lease written by the landlord? Do they need to provide me the papers from the city/county? Do I have any rights in this situation? Also, we were unaware of the illegitimacy of the lease until after it was signed.

Thanks!

You have every right to ask for documentation of this claim or to contact the local housing dept to confirm it. However, if its true, then you have to move. You may have a case against the landlord for moving expenses, but you would probably need to show that the landlord was aware it was illegal to rent.

If this is a illegal rental, you also normally have the right to collect all of the rent you paid them up to this point, A contact based on a illegal activity can not be upheld.

So find out if it is true, ( you will want all of this for court evidence)
And I will disagree with Scott, it does not matter if the landlord was aware or not, A landlord is expected to know the law.