Terminating a lease due to no certificate of occupancy

Question Details:

Can a lease be terminated early by the tenant if there is no certificate of occupancy in the state of New Jersey?

Asked 10/12/2009 under Real Estate | 1149 View(s) | More Legal Topics

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Charles Block / Charles J. Block Answered 2 years ago | Contributor This attorney is licensed in New Jersey

I do not know how the landlord could have complied with the registration requirements of N.J.S.A. 46:8-27 et seq which requires all landlords in the State of NJ to register his/her property with the municipality wherein the property is located.  The first thing the municipality would have required is a certificate of occupancy.  I believe your lease is illegal and that if you notify the landlord he/she may let you out to avoid any legal problems with the municipality.

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