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That depends on what you mean by illegal, and what state the property is in. Many states have an 'Implied Warranty of Habitability', which means that if there are code violations in the unit, it is technically 'illegal'. Some people use 'illegal' to mean a unit which the landlord never got a permit for. If lack of a permit is the only problem, and everything is fine in the unit, a judge might not order any rent refunded (abated). If there are serious code violations, a judge can order an abatement, depending on the severity and duration of the violations.

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Q: Are you legally entitled to a refund of your rent if you rented an illegal apartment?
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