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

UPDATED: Nov 12, 2011

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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