There wasn't a CO in place either before the lease was signed.
What is a "CO"? Why does it matter that there wasn't one in place before the lease was signed?
but have given reason and way before the move in date.
You said you first viewed the property and told the landlord that you didn't want to move in two weeks ago. You also said that the move-in date was five days ago. That means you told the landlord no more than 9 days before the move in date. That's hardly "way before the move in date."
I'm just trying to see if I have a right circumstantially.
A right to what?
If you're asking if your failure to do due diligence on the rental property before signing the lease gives you a right to terminate the lease without the landlord's agreement, the answer is no.
You are, of course, free to default on the lease. You'll need to give the landlord clear notice that you're doing so. The landlord will have a duty to mitigate damages by trying to find another tenant. You'll be liable for unpaid rent through the earlier of the following: (1) the end of the lease term; (2) the effective date of a new tenant's lease; or (3) the date by which the landlord, using reasonable diligence, could have found a new tenant. Also keep in mind that, if the landlord can't find someone to pay the same rent, you'll be liable for the difference between the rent you agreed to pay and the lower rent paid by the new tenant.
