please help

This is a discussion on please help within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; i rented a home but the home has no certificate of occupancy secondary to failing inspection. what does that mean ...

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Old Jun 27th, 2008, 11:45 AM   #1
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Default please help

i rented a home but the home has no certificate of occupancy secondary
to
failing inspection. what does that mean for my contract since according
to
the city ordinance i should not be in here any way? i want to move out
can
i do that legally?
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Old Jun 28th, 2008, 12:07 AM   #2
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Default Re: please help

This depends on where you live and the ordinances of that area. \

In some areas, failing to get the CO and failing an inspection are not huge violations. They are zoning type ordinances and only result in a fine to the owner and an order to repair and pass the inspection. They do not rise to a level that would allow you to terminate a lease over them. In my area, the owner would get a $100-200 fine and an written order to repair and pass inspection within 30-60 days. No big deal.

In other areas, failing an inspection and having no CO amounts to a large violation. In those areas, you can be given notice to vacate by a city inspector immediately. The owner can be prohibited from renting the unit. You may be able to terminate a contract and leave for the owner's failure to do these things.

I suggest you anonymously ask the city inspector's office what happens when an owner fails to do these things and rents the unit out anyways. I suggest doing it anonymously so that you will not get an immediate order to vacate the illegal unit from the inspector if that is the penalty there. You want to be able to obtain other housing before they toss you out in 3 days or so. If they tell you that the inspector gives such an order, you should be able to teminate. Give your notice to leave quickly.

If they tell you that the owner will get fined and an order to comply, you will know that you cannot terminate for this and that your lease stands. In this case, you will not be able to terminate and move out early.
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