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What are my rights as a lessee?

Asked about 3 years ago - Tucson, AZ

I have signed a 2 year lease on a building. Prior to signing, I was assured that a Cerfitficate of Occupancy was no problem to get. My application to the city was denied. The building owner has the provisional application approved,but that is not the C of O. I believe he has 1 year to make his building up to city standards.

I need to get out of this lease and also get my money back for the first and last months rent. I cannot stay in this building and setup unless i have the C of O. It is too much of a risk for me to setup shop and a year later, I get shut down.

I have found another building that is up to city standards and I would like to move in as soon as possible. I just need to get out of my first lease. How good are my chances for a refund?

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Attorney answers (1)

Marc D McCain

Reputation Level 12

Answered about 3 years ago. Landlord / Tenant Lawyer in Scottsdale, AZ.

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It is impossible to give you an educated answer without reviewing your Lease. You should hire an experienced Arizona real estate attorney and provide a copy of all relevant Lease agreements and documents to your attorney.

You haven't provided enough general information regarding the condition of the building/project and what the Lease requires in terms of the condition of the building or construction and development obligations. Also, your statement that you were assured a C of O was not a problem to get needs more context -- is this in the Lease, was this a verbal statement, etc.

A few general thoughts on your matter are that if you are not obligated to do certain work that is needed for the building or project to be approved for occupation/use and if the Lease doesn't clearly address the condition of the building and the risks that you are assuming, I can think of several theories you could use to try to terminate the Lease or make a claim against the Landlord. However, as noted above, I'd need to review the lease and speak with you in greater detail.

www.mccain-bursh.com

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