Houston, TX asked in Landlord - Tenant for Texas

Q: Landlord/tenant issues. Is a rental lease voided if the property is not available when the lease is signed?

The lease was signed, deposit was paid and the move-in date was November 1, 2022. The landlord did not have a certificate of occupancy.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The lease isn’t “void” but as a landlord you may be fined for allowing tenants to move in before receiving a certificate of occupancy. Most municipalities, however, have relatively generous cure provisions and are unlikely to fine you unless a condition of the premises rendered it dangerous. In many cases, however, when it is a purely administrative delay or oversight, you can get any fine waived and it shouldn’t affect your tenant leases in any respect.

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