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Is Lease Valid?

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Is Lease Valid?

Postby DoingItRight » Fri May 03, 2013 1:44 pm

Dear Forum,

My Landlord (minister & his wife) took me to court recently. I was served with a notice for holdover and went to court even though my landlord has no certificate of occupancy. Because I agreed with a mediator to leave in 45 days (needed time to find an apartment) we didn’t see a judge so this holdover will not show up on my record.

However, I discovered that my landlord is going to sue me in small claims court for legal fees incurred in getting me out. In the lease that I signed, there is a clause that says that I am responsible for all legal fees and expenses incurred during my stay.

My question is this: “Is a lease valid if at the time of signing, if the landlord doesn’t have a certificate of occupancy and I was the sixth tenant to sign a lease in a one family dwelling unit. I know that a landlord can legally rent out one room in their one family dwelling (to friends), but I was the sixth tenant. My landlord even bragged about one tenant living there for five years.

I would like to prove that the lease is invalid because of the lack of certificate of occupancy. Also, I live on the third floor of the landlord’s old gorgeous Victorian house and there is only one exit down the stairwell. How can I involve the fire department without incurring fines? Should I use that as a defense as well?

I don’t want to wait for the other shoe to fall after I leave so that is why I’m trying to set-up a defense now. I have 12 more days before I have to be out. What are your thoughts about my nightmare?
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Postby TenantNet » Fri May 03, 2013 2:19 pm

This is a dupe of another post.
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