If I signed a lease without knowing that the building has no certificate of occupancy, can I break my lease without financial penalties?

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If I signed a lease without knowing that the building has no certificate of occupancy, can I break my lease without financial penalties?

Asked on December 16, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your county or municipality mandates a certificate of occupancy for the unit you occupy to be rented out then under the law the rental is illegal and you can terminate the lease without any legal recourse owed to the landlord.


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