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Is a lease valid in NJ if the landlord never got a Certificate of Occupancy prior to the signing of the lease?

Having a dispute with a tenant or landlord? Rental Law discussion

Is a lease valid in NJ if the landlord never got a Certificate of Occupancy prior to the signing of the lease?

Postby coinleain » Wed Oct 26, 2011 8:12 am

I laid out $1,000 to lease a home (paid in cash and got a receipt) and signed a standard 1 year lease agreement. Yes, it is my fault for not doing the research, but I came to find out the house is in a really BAD neighborhood not to mention there are 2 registered sex offenders living somewhere nearby. With two small children, there is no way I am moving into this house. Apparently this entire neighborhood is made up of all rental and foreclosed and/or abandon homes. I need an out! I tried to cancel the lease on Monday after signing it on Friday and the guy threatened me with a lawsuit if I didn't honor the lease. He then said he would let me out of the lease but that he was keeping the $1,000 deposit. I wouldn’t live there if the rent was FREE! Though, the idea of this guy (a real jerk right off the bat!) making off with my $1,000 when he suffered no damages. I signed the damn lease Friday night, called him all weekend to no avail and finally got in touch with him on Monday. I know he didn’t have the CO (Certificate of Occupancy) yet when we signed the lease so I am thinking this is a way for me to get my $1,000 back. Any landlord/tenant New Jersey law buffs out there?? Any and all advice is much appreciated…

NOTE: I know you need a CO to sell or rent a house. I need to know if you have to have all your ducks in a row before you lease out your rental property (have the CO before you have the tenant sign the lease).
Any advice at all is more than welcomed and very much appreciated!
Thanking you all in advance for your attention to this matter!!!

-Homeless
coinleain
 
Posts: 21
Joined: Thu Mar 31, 2011 2:11 pm

Is a lease valid in NJ if the landlord never got a Certificate of Occupancy prior to the signing of the lease?

Postby valentino » Wed Oct 26, 2011 8:28 am

The only restriction based upon state law is occupying not renting, but there may be local laws that would help you, consult with a real estate attorney but this statement although somewhat broad indicates that occupancy is the restriction and not an advance agreement.}{

LOCAL BUILDING OFFICIALS ARE REQUIRED TO INSPECT ALL HOMES, APARTMENTS AND COMMERCIAL BUILDINGS BEFORE ANYONE NEW IS ALLOWED TO MOVE IN. IF THE HOMES DO NOT PASS THIS C/O (CERTIFICATE OF OCCUPANCY) INSPECTION, THEY CANNOT TECHNICALLY BE SOLD. ON THE WHOLE, THESE ARE MOSTLY SUPERFICIAL INSPECTIONS. ONLY THE MOST OBVIOUS DEFICIENCIES ARE NOTED. USUALLY IF THE HOME IS IN A RUN-DOWN STATE, THE BUYER MAY PROMISE THE MUNICIPALITY TO CORRECT THE INSPECTION DEFICIENCIES ONCE THE SALE GOES THROUGH. IF THIS IS ACCEPTABLE TO THE MUNICIPALITY, THE BUILDING THEN RECEIVES A CONDITIONAL C/O UNTIL ALL INSPECTION ITEMS ARE CORRECTED. ANY DEFICIENCIES NOTED DURING THIS INSPECTION THAT ARE CONSIDERED HAZARDOUS OR SERIOUS IN NATURE MUST BE CORRECTED IMMEDIATELY BEFORE ANY TYPE OF C/O CAN BE ISSUED.
valentino
 
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Joined: Sat Apr 02, 2011 3:36 am


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