Can I break my lease if the certificate of occupancy is not ready by my move in date?
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Can I break my lease if the certificate of occupancy is not ready by my move in date?
I signed a lease to rent an apartment in an 2- family house; it starts on the 1st of next month and is for 1 year. If the landlord cannot get a C/O by my move in date can I get out of the lease without giving up my security deposit?
Asked on September 28, 2011 under Real Estate Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You should be able to get out of the lease for this reason, though given what is at stake (presumably, tens of thousands of dollars; the one-year value of the lease) you should consult in person with an attorney about the specifics of your case before acting. The theory, though, is that an illegal contract is void (it is not enforceable)--and that's what a lease is; a contract--and it is illegal to rent without of certificate of occupancy; hence the lease would be void. This would enable you to get out of the lease without liability or penalty and to get your security deposit back; you *might* even be able to get cerain other compensation, such as moving, brokerage, or storage fees, which you incurred in reliance on the landlord being able to get a C/O; this is something else to discuss with your attorney. Good luck.
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