Q: Landlord had no Certificate of Occupancy, paid last months rent to move in and found asbestos in basement ($14000 est)
Just found out Landlord never got a C of O and we live here! AND found asbestos which I was disturbing doing laundry! Took last months rent from us as well to move in.
A: Depending on when a building was constructed or modified, a certificate of occupancy may not be required. Testing is usually required to verify the presense of asbestos. If a security deposit was required, the landlord is not permitted to also collect last month's rent.
Steven Warren Smollens and Daniel Michael Luisi agree with this answer
Dear Rochester Tenant:
You omitted some information. Is the building a multiple dwelling, or one and or two family house? If a multiple dwelling did the City ever issue a Certificate of Occupancy for the rental property? If one or two is the building also owner-occupied?
You could request an inspection. I surmise if your dwelling requires a C of O, your rental is illegal.
Daniel Michael Luisi agrees with this answer
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