Is my lease valid if the landlord does not have a valid certificate of occupancy?
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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 11 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.
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