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I rented a retail space on April 26,2013 from a landlord that

owns a very large retail...
I rented a retail space on April 26,2013 from a landlord that owns a very large retail center.
I went to the city paid $400.00 for the inspections of the above retail space, I passed all inspections from the city and then I paid $56.00 for a business license and currently have a business license. Friday 7-26-2013 I was told by the city the property has no CERTIFICATE OF OCCUPANCY ON FILE. The landlord did a major renovation and the general contractor ppulled a permit for a SPEC SPACE, and no CO was issued. The city wants no an architect to summit a complete new drawing of the store again it was finalized originally on March 1,2013.They are telling me they are going to REVOKE my business license until I comply.
1. Who is responsible for the CO
2. Can the city revoke a business license
3. I complied with all the city's paperwork and was never told there was no CO
4. WHAT DO I DO
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Answered in 6 minutes by:
7/27/2013
LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37,857
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
Verified
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The owner of the building is legally responsible to make sure that the CO is obtained.

The city can revoke the license if it was issued for a facility where you do not have the legal right to operate a business---yes. But don’t worry that is damages that will be owed you by the owner.

It is unfortunate that the city didn't put 2 and 2 together sooner. However, your legal remedy is to demand that the owner/landlord get the CO immediately, and if your license is cancelled, you will want to sue the landlord for Breach of Contract, and seek all of your monetary losses related to the Breach of Contract. The lease agreement implies a warranty of fitness for use---and not being allowed to step foot in the premises based on a city order because of no CO---that is a Breach of the Contract

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
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Customer reply replied 4 years ago


The city should have told me when I filed for my license and inspections 4 months ago are they responsible also that they didn't tell me about this .

Good afternoon,

I understand your frustration and I empathize with your dilemma, but under the law of the state of FL, this is not the city's fault, unfortunately. It would have been nice if they would have caught the problem early on, before you move in, but the city did not violate any law by not catching the problem until recently.

In FL, your sole remedy is against the landlord/owner for renting you an illegal retail space. If your business is disrupted because of this, and because the landlord cannot immediately get a CO, then you will need to sue your landlord, as I indicated.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
LawTalk
LawTalk, Attorney
Category: Real Estate Law
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