Is trustee responsible for knowing property illegal?
By lia
Landlord illegally rented apartments.no certificate of habitability. City forced my displacement because of this . I had to stay in motel starting THAT AFTERNOON, after I paid 2 months rent. City granted temporary certificate of habitability only to the 2 units occupied after stove and heat provided. Building is still not certified. When I returned I learned property had been in chapter 7 trusteeship BEFORE i was given lease by the “landlord”. Turns out the trustee was on record demanding rent per my ‘lease’, even though this lease was issued AFTER building failed for habitability, and even though the trustee was in charge of the building at that time. So, the landlord issued a lease on a property he knew was illegal and that was already in chap 7 with trustee. He got away with a few months rent that was supposed to go to the trustee. But of significance is this: the dates on notices all show that the Trustee was demanding rent on illegal property. Even though the ‘landlord’ scammed 2 months of my rent from Trusteeship, the following rent went to trustee. My question
1-Should the trustee have known property he was assuming was not legal for rental? Had he been aware, the chap 7 ‘Landlord’ could not have issued me a lease on illegal property that the Trustee is honoring, even though it began AFTER his trusteeship began and AFTER city failed the building for habitability.
2-Am I entitled to reimbursement of the rent I paid during months before the city issued temporary certificate.
Edited on: Wednesday, September 28th, 2011 11:00 pm
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