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?