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Certificate of occupancy is the main document that legally certifies the use of a building. The Department of Buildings issues this document, wherein various clauses on the occupancy of a building are included. It could be occupied in various ways like a two family home, a parking garage, multiple dwelling, retail store and so on. This is considered to be a very important document if a person wants to refinance a home through a mortgage or sell it. Usually, you would need to create a new or revised certificate of occupancy when there is construction of a new building or if there are any modifications being done to an existing one such as changing in the usage, entry or exits, occupancy and so on. On many occasions, the owner’s representatives or the contractor notify the necessary department not only to have a proper check and inspection on the construction, plumbing, electrical, elevator installations and the working condition but also to keep an eye on the compliance of all of the above. This certificate is issued only when the work gets completed according to the plans that were approved and the laws that are applicable in this situation. This mainly consists of completed paperwork, approvals from different city/government agencies, payments of the fees and resolution of any breach in contract. Below are answers to few of the more common legal questions about certificate of occupancy: If a property that is put on a lease has not got the certificate of occupancy, can the landlord sue a tenant for not paying rent?
Usually, these laws differ from one state to the other. Therefore, in such a situation, it completely depends on the city or government’s decision if they require the certificate for apartments or not. In case the certificate is needed, then the landlord could be penalized for not having the certificate and may be asked to pay some amount as a fine. Moreover, if an inspection is performed on that property and the inspector discovers that the landlord of that property is taking rent that is illegal, then he or she would be forbidden to collect further rent. However, if there is nothing illegal regarding the certificate, then the landlord can continue receiving rent form the tenant. Is it necessary for a person to get the certificate of occupancy if he or she rents an industrial building for using it as office space?
If the person intends to start a business at an industrial property, he or she would require having the certificate as they would be the main people responsible for acquiring it. If anyone wants to occupy a building or reside in it, he or she would need a certificate of occupancy to do so. Even if you have all the other paperwork done, you would still need to have this document if you want to move into a property. However, it is very important for people to know who is responsible for acquiring this document. Is it the tenant, landlord, buyer, or seller? Therefore, it is always the best idea to take the help of a legal counsel who would help you to decide what should be the right thing to do for your specific situation. If you need any clarification about your particular situation, you may wish to ask a real estate lawyer for legal insight based on an expert evaluation of your circumstances.
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