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Is it illegal to rent someone an apartment with no legal certificate of occupancy?


I am renting an apartment and after moving in and looking for my mail I was told it was sent back to post office. That I can not have mail sent here or change any identification to have this address due to no legal C. O. now how can I get out of agreement?

One really has no relation to the other.

Your street may not be a real street. Sometimes people just build a road and it isn't an actual street that has been set up with the city and the post office will not deliver mail to any addresses on it.

Call your local building department and ask.

Woo hoo! Call a lawyer, my friend... you just hit the jackpot. You can sue, get all of your money back PLUS damages for time/effort. Good job.

There is no relationship between and C of O and the post office having an "address" - when I was building my house, I had mail delivered to a poured basement!

I'm sure the previous tenant had mail delivered, so the mixup is something else. Check with city hall building department, they can advise you and give you proper paperwork for the post office.

A certificate of occupancy insures that the property meets minimum standards of repair, and livability, as of the date it was issued. Sometimes, they expire and a new C of O needs to be issued. Technically, it is not legal to reside in a building unless it has a proper certificate, or a temporary certificate. It is a local community certification, and it is up to the local community, town, village, city to decide how to enforce the guidelines. Single family homes, and duplexes sometimes do not need a C of O.

The post office can decide not to deliver mail to your building because it is not a legal address. Ask the other people in your building how they get their mail. A strategically placed mailbox may be all that you need. Or, you could rent a post office box.

The post office could have incorrect or outdated information about the property. Check with your local building department to see the most recent information, and let the post office know if there actually is a C of O.

Your building, or specifically your apartment, may have had a fire, or a flood, or some other problem, and needs to be re-inspected now that repairs have been made. The rest of the building may be ok, but your apartment doesn't meet standards for some reason. Another common reason is that the fire alarm, smoke detectors, or sprinkler system are not up to code or approved by the fire department. A certificate can even be pulled if the parking situation is unacceptable.

As far as living in the apartment, if you like where you live, you can stay there until the local community takes further action against the landlord. The landlord may be working to correct the problems that exist.

If you want to move, you have just cause to break your lease. If the post office is not delivering mail, how long will it be before other providers like gas, water, and electric decide to shut off service? There could be major structural or safety problems that are not readily visible. Check with an attorney in your area as to the best way to end your lease. Your local Neighborhood Housing Office should have someone there you can make an appointment and talk to.

Your reason in your notice to the landlord, "No certificate of occupancy--not a legal address". If you discover why no certificate has been issued, then add that reason to your notice.

You have to be careful in breaking your lease. You can not just stop paying rent. In some communities, if the apartment is not in dis-repair, has electric, water, and proper heat, you would still need to pay rent as long as you live there as required by your lease until the landlord agrees in writing or a judge decides in your favor.

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