Main Breaker - Miswired connection Question
There is some confusion reading the question, for example "closing" a breaker normally means turning on the power, the off position is the "open" position.  

However I think I get the gist of it, and I think you know what's going on.  You have some loads in apartment 2 that are on the house-common service, and some house-common loads that are on apartment 2's service.  This happens all the time when houses are divided up, and in my experience it's rarely caught by inspectors.  

The landlord is of course obligated to correct the issue.  It is a bit of a cost issue, the landlord is paying for some of apartment 2's lights, and apartment 2 is paying some of the common area lighting for the landlord.  

It is also a safety issue.  Say someone is servicing apartment 2's lights, and they open (turn off) the main breaker for apartment 2, but the light they are working on is on the house-common panel.  If they assume power is off, and neglect to verify by testing voltage at the light, they could get zapped.