There is no Certificate of Occupancy for the rental home we live in Dearborn Heights, MI. Is it legal to live here? Lease void?

Asked almost 2 years ago - Dearborn, MI

We have lived in our rental home for about 7 months now. Well recently it was brought to our attention that our home has not been inspected since it was bought, nor is there a Certificate of Occupancy for us to live here. We have received several notices from the city about this and the landlord has not taken care of it. There are some major things that I know will come up during an inspection and I feel my landlord may be trying to avoid the inspection because of it. He has now recently told me that he is filing for us to be evicted. Is my lease void? Can I sue him for this and possibly receive the rent I have paid as well as the move in costs? Any other information would be greatly appreciated!!!

Attorney answers (1)

  1. James T. Weiner

    Contributor Level 15

    Answered . You can probably NOT recieve a refund of rent paid.. further the lease is voidable by you if you want. In defense for eviction if you plead that the house is not habitable and it has no CofO you can void the lease ... however if you plead it right you may be able to force the landlord to 1) pay your moving costs (after all you are moving only because there is no CofO) and 2) pay any difference in rent until the end of the lease (you had a signed agreement at a specific rent until the end of the lease)

    also I would reccomend that you invite the local city building officials in to the house to inspect it!

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more

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