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  1. #1
    Join Date
    Mar 2013
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    18,340

    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    Quote Quoting palmer71
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    Overall, I'm just wondering how hard it would be to get out of the lease and if it's possible, what can I say to my landlord to do so without loosing my deposit or facing a lawsuit on me?

    The trouble with a code violation is that it's between the owner of the dwelling and the city.

    The owner or tenant can rent you a closet and you would be stuck with it since you signed the contract accepting it.

    Your only way out without penalty (loss of deposit, lawsuit, etc) is to call the city (or county) code enforcement agency and ask for an inspection.

    If the enforcement agency cites the owner and tells you that you can't live in that room anymore, you are free to leave and seek the return of your deposit and any unearned rent (from your leave date forward).

  2. #2
    Join Date
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    Default Re: Is It Legal to Rent Out a Windowless Bedroom

    Quote Quoting adjusterjack
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    The trouble with a code violation is that it's between the owner of the dwelling and the city.
    While a decision of housing authorities that the premises were not fit for habitation would allow the tenant to move over this type of issue without any recourse by the landlord, the failure of the bedroom to meet code as a habitable would also be a defense to any action by a landlord to enforce the lease or collect rent arrears under the doctrine of constructive eviction. Failure of rented premises to meet the requirements defined by the state's fire commission violates the warranty of habitability. See, e.g., Teller v. McCoy, 493 W.Va. 367, 253 S.E.2d 114 (1978).

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