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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 33167
Experience:  17 years of legal experience including real estate law.
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Without a Rental Certificate in Lease considered an

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Without a Rental Certificate in Lease considered an Illegal Contrat? Does this Constitute a Tenancy at will on a "month to month" basis then? Or what are the terms then?
What do we do to terminate the Lease in this case as Landlords?
Thank you for contacting our JA team for guidance.

The landlord would be determined to have at least breached the lease agreement if the property was rented to you without proper certification. You need to report this to the authorities and the landlord and give the landlord a short time to cure the problem.

If the landlord cannot or will not, then you can terminate the lease at any time and move out.

Please let me know if you need additional information.

Best regards XXXXX XXXXX



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Customer: replied 7 years ago.
We are the landlords and thought our Realtor had gotten the Certificate. The Tenants now were told by the Housing Authority they don't have to Pay Any Rent because its an Illegal Lease without the certificate. Obviously are working to get the certificate; however if they refuse to pay rent--what are our Options? I read that without a Certificate it is 'at will' and we could Evict Them by giving a 30 Days Notice?

Is this true?
I see. They can terminate the lease and move out, but you can also give them notice to move out since if the lease is illegal, they are at will, and cannot stay there rent-free. Yes, give them 30 days written notice to vacate the property.

All the best to you.
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