Legal Question in Landlord & Tenant Law in New Jersey

Re: Tenant rights

It is something of a risk to rely only on the fact that there is no valid C.O. The problem might be administrative and the landlord might be in the process of correcting it. Nevertheless, you are technically within your rights to vacate if there is no C.O. because the property cannot be lawfully occupied and the landlord has therefore breached a covenant of the lease.

If you leave without the landlord's consent, you may have to sue to get the security deposit back.

See also: http://info.corbettlaw.net/lawguru.htm