Has anyone been in a holdover situation like mine?
I was rented a cellar apt. 14 years ago where the landlord gave me a commercial lease (he said he had to for zoning reasons but "not to worry", as he told me he has always used the apt. residentially and he altered the lease to say he would charge me rent stabilized increases each year and ). He has done so each year for 14 years. He is greedy and anxious to get the apt. back to get higher rent and now he is trying to evict me (in COMMERCIAL part of housing court) because he is pretending he rented it to me as an office all these years and just found out I live there and he has no certificate of occupancy for it. He refused to take my rent checks starting this Oct. and I was paying about $1,000 a month per my lease, which he terminated Nov. 1. His attorney sent a petition stating not only that she wants to evict me for violating "an essential something... of the lease" but she wants me to pay $2,500 a month for the months he would not take rent, retroactive to OCt. 1!!! Lawyers I had gotten consults with told me that: 1)he is not entitled to that rent ever and can't collect again until and unless he corrects the c.o. They also said that 2)eviction is the LAST remedy in this situation, not the first. They said the burden is on the landlord to prove the apt. cannot be legalized and if he does not make a diligent effort to legalize the apt. and prove it is impossible, he cannot evict me.
Anyone know which law shows the landlord must prove the apt. cannot be legalized before he can evict me, and that he must try to legalize it?
Also, I was told I would be treated much worse in the commercial part and that the judge would not understand the protections residential tenants are supposed to have by law. Does anyone have experience as a residential tenant being sued in commercial part? Any info is greatly appreciated.
Also, any case summaries similar to my case are also greatly appreciated. I am representing myself and need all the precedents I can find.
Thanks!!!