QUESTION
Can I move without legal ramifications from the landlord?
Asked on Jan 09th, 2013 on Landlord and Tenant Law - North Carolina
More details to this question:
My landlord rented a house to me for the last near 2 years knowing that there was no certificate of occupancy. They applied for one a year before I moved in and did not make the necessary repairs, so they did not get it. Then, they recently applied again in June of 2012 but never scheduled the inspection date. I just found this out yesterday. Is my lease voidable now? Can I move without legal ramifications from the landlord? Do I still have to pay rent? I want to get out of this lease.
3 ANSWERS
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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Yes you can this is an illegal tenancy.
Answered on Jan 14th, 2013 at 6:36 PM
Is there a lease or are you a month to month tenant? If you are month to month [at least in California], you can move out by giving 30 days' written notice. Also, if there is an illegal structure where you live, you may want to notify the local housing authority or the Department of Building and Safety to have them come and investigate.
Answered on Jan 13th, 2013 at 10:33 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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You may very well be able to leave. In most areas of NC, it is illegal to rent a home without a certificate of occupancy. In fact, in some communities such as Greensboro, it is ilelgal to reside in such a home. You should be able to leave...but it is possible that the landlord may try to sue you for rent owed. If he does, you could counter sue against him for "rent abatement" and perhaps get some of your rent returned to you.
Answered on Jan 11th, 2013 at 2:49 PM