Can I break my lease because I have not obtained an occupancy permit for the landlord?

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Can I break my lease because I have not obtained an occupancy permit for the landlord?

The landlord has to get an inspection before I can get the occupancy permit. Long story short I’ve been waiting for 9 months to get an occupancy permit.

Asked on November 12, 2011 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there is no certificate of occupancy for the unit you are occupying after a period of 9 months, I would write your landlord requesting a copy of such by a set date. If not provided by the requested date, advise him or her that since the unit you are occupying is not technically a legal unit, you will be terminating your lease without any intent to pay any future rent money due to the absence of the unit being legal. Good luck.


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