04/29/2026
One of the types of clients I’m passionate about helping is tenants who find out they’re renting an illegal unit.
They do still have rights, so here’s what they need to know and do to protect themselves:
1. Know your rights. Even in an illegal rental, tenants often have rights under local, state, and federal laws. These can include the right to a safe and habitable living environment, privacy and protection from retaliation.
2. Is it habitable? The landlord is typically still required to maintain the rental unit in a habitable condition, even if the rental itself is illegal. This means addressing issues like plumbing, heating, electricity, and structural safety.
3. Retaliation is not OK. In many jurisdictions, landlords cannot retaliate against tenants for reporting unsafe conditions or illegal rentals to authorities. This includes protection from eviction, increased rent, or other forms of retaliation.
4. The legal eviction procedure. Landlords must follow legal eviction procedures. If they attempt to evict you without following these procedures, you may have grounds to challenge the eviction in court. So-called self-help evictions — such as changing locks or shutting off utilities — are usually illegal.
5. Security deposit rights. You are entitled to the return of your security deposit minus any lawful deductions for damages or unpaid rent.
If you know someone worried about living in an illegal unit, please share this with them.