Yes. Be sure you call the local inspectional services department, and get a written report. Then, write the landlord and tell them that you won't be paying the rent until the conditions are fixed.
You could file suit against the landlord immediately, or wait for him to file an eviction case against you, then file a counterclaim in that case. You probably look better if you file a suit.
In any situation, if there are code violations, the tenant needs to notify the landlord, and give him an opportunity to correct. Some municipalities require that a landlord get a Certificate of Occupancy from them before renting - check with your local building or health inspector. But, that is an issue between the town and the landlord, not usually the tenant.
Only a serious breach by the landlord - like substantial, ongoing code violations - would allow a tenant to break the lease.
In Massachusetts - many other states - the law prohibits a landlord from prosecuting a no-fault eviction soon after there are uncorrected code violations in the unit. There is an assumption that the tenant is being evicted in retailation for reporting the violations to authorities. The tenant can, however, be evicted for a reason, such as non-payment of rent.
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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.
In Massachusetts, in cities which require occupancy permits, the lack of a permit is a prima facia code violation. Judges can award a rent abatement for code violations (forgive some unpaid rent, or direct that the landlord return some rent paid). However, if that is the only violation, and the unit is otherwise fine, the judge might not award an abatement, but simply order the landlord to get the permit.
Depends what is states in the tenancy agreement or lease which should have been signed by both the landlord and tenant. If having a clutter free dwelling is stated then ideally a warning should be issued prior to legal action being taken.
All violations have their own separate code number.
Not for traffic code violations. For more serious offenses (DUI/DWI - vehicular homicide - etc) perhaps.
get a lawyer to verify the matter you describe
Misdemeanors
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