Is my lease valid if the landlord does not have a valid certificate of occupancy?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is my lease valid if the landlord does not have a valid certificate of occupancy?

My landlord knowingly does not have a certificate of occupancy, can I force them to get one or break my lease and still get my deposit back?

Asked on June 4, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the local municipality requires a valid certificate of occupancy for the unit that you are renting from your landlord and there is none, then you have the following options:

1. require that your landlord obtain one;

2. terminate your lease as a result and get the return of your security deposit.

Note, given the lack of the certificate of occupancy, you might be entitled to receive the return of all rent paid by you from your landlord. I would check on this issue with entity in charge of issuing such certificates.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption