this guy told us you dont have to pay rent if your landlord doesnt have something called a certificate of occupancy, or has somehow invalidated his original certificate of occupancy
2006-07-25 06:08:46 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
oh the guy in question was a landlord tenant attorney
2006-07-25 06:09:10 · update #1
if a Certificate of Occupancy was not issued to the landlord, then NO ONE should occupy that building. There could be MAJOR reasons for not issuing the CO, such as building is not structurally sound, heating units not installed, etc, or it could be taht the owner never applied to get the CO after completion.
you should talk to an attorney, to find out about local & state laws regarding this issue. it's quite possible that the owner as well as the tenants could be fined, but i don't know that for a fact. CHECK WITH A REAL ESTATE ATTORNEY ASAP!
2006-07-25 06:26:00 · answer #1 · answered by thetoothfairyiscreepy 4 · 1⤊ 0⤋
A Certificate of Occupancy is what the City inspector gives stating the building has passed inspection for allowing people to live there. It is done when the unit is first built and may be rechecked if someone requests it. Also if a building is found to be unsafe or condemmed they need one of these once the repairs are finished before people can occupy it.
The problem is you most likely have a signed contract or lease agreement and it most likely does not have anything in writing that states anything about this issue. His Lawyer will pick it apart in that direction. States vary in the laws but a good Lawyer for either side can pull favor in the direction of their client. Like here in Utah where I live, The actual law on the books states only 3 items that are considered to be required for landlords to provide and must be fixed within 48 hours from complaint. They are #1-electricity, #2-Heat, and #3 HOT water. The clincher there is thay put HOT water so if the cold water goes out it is not considered an emergency!!
I would send a certified letter asking for a copy of the C.O.O. before I would withold rent. If there are problems you feel should be fixed add them in as well. The more proof you have that you gave him the opportunity to fix the problems the better off you will fair if he takes you to court. It will also make court go quicker so it will cost less.
2006-07-25 13:23:54 · answer #2 · answered by nooodle_ninja 4 · 0⤊ 0⤋
From a landlord's perspective, I don't know of ANY landlords who get a CO before each new tenant.
I don't think you want to play the with holding rent game unless you have a valid reason (i.e. something in your apartment is not working - like the fridge - and the ll isn't fixing it after you've asked multiple times.)
Good Luck!
2006-07-25 16:36:41 · answer #3 · answered by clueless 3 · 0⤊ 0⤋
You don't have to pay rent because you're legally not allowed to live there. So without a COO, you have to leave.
2006-07-25 13:10:18 · answer #4 · answered by Sir J 7 · 0⤊ 0⤋
It depends on the city or state that you live in.
The laws are different everywhere.
2006-07-25 13:13:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋