If a city housing ordinance is violated by both the tenant and landlord, does it make the lease invalid
Question Details:
I have a home in a city where there is an occupancy limit of 3. Tenants sign a disclosure form on the occupancy limits. As a landlord I allowed 4 people to live there and tenants agreed because it lowered their rent. Since both tenant and landlord violated the ordinance, does it make the lease invalid?
Real Estate Law Answers
It would invalidate the lease since the city ordinance is a law. One would need to review the actual ordinance and your lease agreement. If a contract violates the law, then those provisions in the contract that are against the law are invalid. Therefore, this is a material violation since it directly impacts who can live there and who cannot.
Lowering a lease amount per tenant would not be a sufficent reason to overcome the material violation of law. Therefore, your best bet would be to inform your tenants and jointly discuss a proper resolution.
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