Incomplete building rented on commercial leaseCan you re-assign TAA lease without being liable for damages?Lease: Rent increase legal?Trade Fixtures: Is this paragraph of my lease agreement forfeiting to my landlord everything I screw to the walls?Verbal Agreement vs Written AgreementCan my landlord (who recently bought the property) change the terms of breaking a month to month lease?Interpretation of lease automatic renewal termsLease dispute, over email and text messageLease Assignment in NYCCan a lease specify reasons for withholding a security deposit beyond what the law lists as allowable
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Incomplete building rented on commercial lease
Can you re-assign TAA lease without being liable for damages?Lease: Rent increase legal?Trade Fixtures: Is this paragraph of my lease agreement forfeiting to my landlord everything I screw to the walls?Verbal Agreement vs Written AgreementCan my landlord (who recently bought the property) change the terms of breaking a month to month lease?Interpretation of lease automatic renewal termsLease dispute, over email and text messageLease Assignment in NYCCan a lease specify reasons for withholding a security deposit beyond what the law lists as allowable
Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy?
united-states lease breaking-the-lease business-lease new-mexico
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
bumped to the homepage by Community♦ 21 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
add a comment |
Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy?
united-states lease breaking-the-lease business-lease new-mexico
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
bumped to the homepage by Community♦ 21 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
2
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28
add a comment |
Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy?
united-states lease breaking-the-lease business-lease new-mexico
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
Can an incomplete and unsafe building be rented to a tenant on a commercial lease if the building never received a certificate of occupancy?
united-states lease breaking-the-lease business-lease new-mexico
united-states lease breaking-the-lease business-lease new-mexico
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
edited Sep 28 '18 at 19:08
feetwet♦
14.9k94499
14.9k94499
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
asked Sep 28 '18 at 9:34
J.MonteJ.Monte
11
11
bumped to the homepage by Community♦ 21 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
bumped to the homepage by Community♦ 21 mins ago
This question has answers that may be good or bad; the system has marked it active so that they can be reviewed.
2
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28
add a comment |
2
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28
2
2
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28
add a comment |
1 Answer
1
active
oldest
votes
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Although unable to formulate an accurate and precise answer, I can give you a starting point that might lead you to the information you need.
I did not find any New Mexico case law regarding certificate of occupancy that could be relevant to your inquiry. Searching with other terms might yield better results. However, one of the results from query http://www.leagle.com/leaglesearch?exact=certificate+of+occupancy&crt=New+Mexico is this case, which in turn refers to the Minnesota authority Rosso v. Hallmark Homes of Minneapolis, 843 N.W.2d 798, 802 (2014). By interpreting Minnesota statutes, the court in Rosso concluded that the issuance of a certificate of occupancy
is not a necessary condition that has to occur before substantial
completion of a home is achieved under Minn.Stat. § 541.051
It is unclear to me the chapter(s) and section(s) of NM legislation on which you would need to rely for your claims. What I need to emphasize, though, is that the lack of a certificate might not necessarily be decisive in NM either. In that case, you would need to resort to other aspects for highlighting the risks inherent to renting/leasing an unsafe building for commercial use.
You might want to take a look at the query http://www.leagle.com/leaglesearch?all=certificate+occupancy&exact=premises+liability (giving 262 results as of today, though none from NM) to see whether any of those judicial reviews shed(s) any light on your inquiry. This does not mean that you have to thoroughly read each one of the 262 cases. Just open a result and search for some keyword(s) such as "occupancy" or "premises"; if all occurrences of the keyword are cursory references or pertain to jurisdictional issues and/or the statute of limitations/repose, skip over to the next result (over time one develops "expertise" in ruling out cases that seem irrelevant to the inquiry in question, thereby rendering one's legal research skills more efficient).
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
add a comment |
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1 Answer
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1 Answer
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oldest
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active
oldest
votes
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Although unable to formulate an accurate and precise answer, I can give you a starting point that might lead you to the information you need.
I did not find any New Mexico case law regarding certificate of occupancy that could be relevant to your inquiry. Searching with other terms might yield better results. However, one of the results from query http://www.leagle.com/leaglesearch?exact=certificate+of+occupancy&crt=New+Mexico is this case, which in turn refers to the Minnesota authority Rosso v. Hallmark Homes of Minneapolis, 843 N.W.2d 798, 802 (2014). By interpreting Minnesota statutes, the court in Rosso concluded that the issuance of a certificate of occupancy
is not a necessary condition that has to occur before substantial
completion of a home is achieved under Minn.Stat. § 541.051
It is unclear to me the chapter(s) and section(s) of NM legislation on which you would need to rely for your claims. What I need to emphasize, though, is that the lack of a certificate might not necessarily be decisive in NM either. In that case, you would need to resort to other aspects for highlighting the risks inherent to renting/leasing an unsafe building for commercial use.
You might want to take a look at the query http://www.leagle.com/leaglesearch?all=certificate+occupancy&exact=premises+liability (giving 262 results as of today, though none from NM) to see whether any of those judicial reviews shed(s) any light on your inquiry. This does not mean that you have to thoroughly read each one of the 262 cases. Just open a result and search for some keyword(s) such as "occupancy" or "premises"; if all occurrences of the keyword are cursory references or pertain to jurisdictional issues and/or the statute of limitations/repose, skip over to the next result (over time one develops "expertise" in ruling out cases that seem irrelevant to the inquiry in question, thereby rendering one's legal research skills more efficient).
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
add a comment |
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Although unable to formulate an accurate and precise answer, I can give you a starting point that might lead you to the information you need.
I did not find any New Mexico case law regarding certificate of occupancy that could be relevant to your inquiry. Searching with other terms might yield better results. However, one of the results from query http://www.leagle.com/leaglesearch?exact=certificate+of+occupancy&crt=New+Mexico is this case, which in turn refers to the Minnesota authority Rosso v. Hallmark Homes of Minneapolis, 843 N.W.2d 798, 802 (2014). By interpreting Minnesota statutes, the court in Rosso concluded that the issuance of a certificate of occupancy
is not a necessary condition that has to occur before substantial
completion of a home is achieved under Minn.Stat. § 541.051
It is unclear to me the chapter(s) and section(s) of NM legislation on which you would need to rely for your claims. What I need to emphasize, though, is that the lack of a certificate might not necessarily be decisive in NM either. In that case, you would need to resort to other aspects for highlighting the risks inherent to renting/leasing an unsafe building for commercial use.
You might want to take a look at the query http://www.leagle.com/leaglesearch?all=certificate+occupancy&exact=premises+liability (giving 262 results as of today, though none from NM) to see whether any of those judicial reviews shed(s) any light on your inquiry. This does not mean that you have to thoroughly read each one of the 262 cases. Just open a result and search for some keyword(s) such as "occupancy" or "premises"; if all occurrences of the keyword are cursory references or pertain to jurisdictional issues and/or the statute of limitations/repose, skip over to the next result (over time one develops "expertise" in ruling out cases that seem irrelevant to the inquiry in question, thereby rendering one's legal research skills more efficient).
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
add a comment |
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Although unable to formulate an accurate and precise answer, I can give you a starting point that might lead you to the information you need.
I did not find any New Mexico case law regarding certificate of occupancy that could be relevant to your inquiry. Searching with other terms might yield better results. However, one of the results from query http://www.leagle.com/leaglesearch?exact=certificate+of+occupancy&crt=New+Mexico is this case, which in turn refers to the Minnesota authority Rosso v. Hallmark Homes of Minneapolis, 843 N.W.2d 798, 802 (2014). By interpreting Minnesota statutes, the court in Rosso concluded that the issuance of a certificate of occupancy
is not a necessary condition that has to occur before substantial
completion of a home is achieved under Minn.Stat. § 541.051
It is unclear to me the chapter(s) and section(s) of NM legislation on which you would need to rely for your claims. What I need to emphasize, though, is that the lack of a certificate might not necessarily be decisive in NM either. In that case, you would need to resort to other aspects for highlighting the risks inherent to renting/leasing an unsafe building for commercial use.
You might want to take a look at the query http://www.leagle.com/leaglesearch?all=certificate+occupancy&exact=premises+liability (giving 262 results as of today, though none from NM) to see whether any of those judicial reviews shed(s) any light on your inquiry. This does not mean that you have to thoroughly read each one of the 262 cases. Just open a result and search for some keyword(s) such as "occupancy" or "premises"; if all occurrences of the keyword are cursory references or pertain to jurisdictional issues and/or the statute of limitations/repose, skip over to the next result (over time one develops "expertise" in ruling out cases that seem irrelevant to the inquiry in question, thereby rendering one's legal research skills more efficient).
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
Can an incomplete and unsafe building be rented to a tenant on a
commercial lease if the building never received a certificate of
occupancy?
Although unable to formulate an accurate and precise answer, I can give you a starting point that might lead you to the information you need.
I did not find any New Mexico case law regarding certificate of occupancy that could be relevant to your inquiry. Searching with other terms might yield better results. However, one of the results from query http://www.leagle.com/leaglesearch?exact=certificate+of+occupancy&crt=New+Mexico is this case, which in turn refers to the Minnesota authority Rosso v. Hallmark Homes of Minneapolis, 843 N.W.2d 798, 802 (2014). By interpreting Minnesota statutes, the court in Rosso concluded that the issuance of a certificate of occupancy
is not a necessary condition that has to occur before substantial
completion of a home is achieved under Minn.Stat. § 541.051
It is unclear to me the chapter(s) and section(s) of NM legislation on which you would need to rely for your claims. What I need to emphasize, though, is that the lack of a certificate might not necessarily be decisive in NM either. In that case, you would need to resort to other aspects for highlighting the risks inherent to renting/leasing an unsafe building for commercial use.
You might want to take a look at the query http://www.leagle.com/leaglesearch?all=certificate+occupancy&exact=premises+liability (giving 262 results as of today, though none from NM) to see whether any of those judicial reviews shed(s) any light on your inquiry. This does not mean that you have to thoroughly read each one of the 262 cases. Just open a result and search for some keyword(s) such as "occupancy" or "premises"; if all occurrences of the keyword are cursory references or pertain to jurisdictional issues and/or the statute of limitations/repose, skip over to the next result (over time one develops "expertise" in ruling out cases that seem irrelevant to the inquiry in question, thereby rendering one's legal research skills more efficient).
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
answered Sep 30 '18 at 12:11
Iñaki ViggersIñaki Viggers
11.3k21832
11.3k21832
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
add a comment |
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
1
1
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
Whether the lease includes a warranty concerning the conditions of the premises is probably important. In many jurisdictions, a residential lease includes an implied warranty of habitability that cannot be disclaimed. I suppose commercial leases generally have nothing similar, but it's certainly worth looking into the question.
– phoog
Sep 30 '18 at 15:55
add a comment |
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2
You might want to specify your jurisdiction, since this seems to depend on local laws (even at a municipal level). That will help those who are more knowledgeable about premises regulations give you a useful answer.
– Iñaki Viggers
Sep 28 '18 at 11:55
@IñakiViggers what do you mean when you say jurisdiction? Are you referring to actual location as in city and state? If so, then it's located in Albuquerque New Mexico, Bernalillo County
– J.Monte
Sep 28 '18 at 16:34
Yes, that is what I meant. If I were knowledgeable of that branch of the law I would be happy to post an answer.
– Iñaki Viggers
Sep 28 '18 at 18:51
@IñakiViggers with the knowledge you do have can you share that
– J.Monte
Sep 30 '18 at 0:28