Is my landlord required by law to have an occupancy permit?

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Is my landlord required by law to have an occupancy permit?

There were major repairs needed to the unit and landlord made no repairs. I paid rent for 5 months and witheld the 6th when the LL told me his maintenance worker had a meth lab upstairs. He is now suing me. He made the suit the day after he received the inspectors report. I called the building inspector and he found 25 violations. The unit is required to have an owner provided occupancy permit. There was none and the porch was condemned in 8 years ago and is still condemned. Is this grounds for dismissal?

Asked on July 31, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, it appears that the municipality where your unit is requires a present certificate of occupancy for the unit to be legally rented. Given the lawsuit against you by the landlord, I suggest that you consult with a landlord tenant attorney about your defense since the lawsuit seems retaliatory.

If the unit does not have a valid certificate of occupancy, the landlord may not be able to legally charge you rent for the place you occupy.


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