Landlord Evicting Falsely - PLEASE HELP!!

First, a little background on the apartment we live in. The state department of codes has come out and said that our landlord is behind on the codes and is ignoring their notices. The roof is rotting, they said one side of the house is not sturdy and the brick could fall off, the linoleum in the bathroom is peeling and isn't waterproof, there are exposed electrical wires on the outside of the walls running eletricity to the sockets, the windows are rotting out, and one wall in our kitchen is rotten and warped from water running in. The outside staircase is iron and wobbles when you walk up it. It is rusted and there are holes in it where it used to attach to the house. When we told our landlord about it and that it was unsafe and needed to be replaced, he sent someone to nail some boards over the holes instead of thinking about our safety and permanently remedying the problem. He also nailed 2x4's over a part of the exterior of the home that had ripped off, instead of fixing it.

Also, in the winter we had a natural gas leak from the heater and were told by the natural gas company that it was such a risk they had to turn off the heat. It took our landlord 2 weeks from the notice we gave him to fix the problem. We were without heat for 2 weeks in freezing weather, dispite numerous emergency phone calls to our landlord. Both the natural gas company and the heating company also told us that the heater was so old and faulty that the filter was rusted out and carbon monoxide and other toxins had been dumping into our apartment and posing a health risk. They said they were surprised no one was put in the hospital from it. The flooring is also extremely unlevel (we live on the second floor) and we aren't sure if there is a foundational problem.

Also, our landlord came into our home without our permission to fix two sinks that were backing up. He called and left a message on my phone saying they were going to my house right then to fix some sinks. I called him back when I got the message 20 minutes later to tell him that I wasn't there and didn't want him going in my house without me there. He had already let himself in my home with plumbers. When I told him it was illegal to go into my home without advance notice and my permission, he said he knew that. When I asked him why he did it, all he could say was "I was with the plumbers". I had my husband go to the house immediately and the plumbers came back and my landlord left them there with my husband. They didn't have a part they needed, so instead of fixing the sink, they put the old sink back on very loosely and now it sprays water and leaks into a tub of mine that they placed underneath it without my knowing or permission. The landlord has not tried since to fix the problem.

Keeping in mind that we have been great tenants and have not reported him for any of the above, here is the problem. On April 2nd, our landlord sent us a letter stating that he was terminating our lease us effective April 30th. We have a one year lease that ends October 27th, 2007. I called him to ask why and he said it was because his family was coming to town and needed a place to stay. I sent a letter back to him stating that wasn't a valid reason for asking us to leave, but that we would agree to leave if he paid our moving expenses. We then received a letter from a lawyer on May 2nd stating that the reasoning had changed and they were now evicting us effective May 19th because I have an unauthorized tenant living in my home.

In the lease, there is nothing that addresses a tenant whose name is not on the lease. There is no unauthorized tenant situation clause which would state the penalties, fees, as well as any actions tenant and landlord should take to add tenant or remedy the situation. By law, without anything in the lease that addresses an unauthorized tenant, the landlord cannot evict or penalize the tenant since there is no breach of contract, correct?

Furthermore, doesn't common law state that if you are married, your spouse has automatic occupancy rights and can live in the home as a tenant without being on the lease? This is what I have read.

The letter sent by the lawyer said we had 14 days to remedy the situation and I wrote back stating that even though we are completely in the right, we are happy to send a signed copy of the lease by my husband. We received a reply letter today, May 12th, stating that the landlord believes he can prove that his claim is valid and they are going to seek all attorney's fees, court fees, etc. Does this mean they are taking us to court? We don't believe we are in the wrong and therefore are not responsible for any of his fees.

Thank you so much for any consultation or advice you can give.

[msgny]

he seems to say he may sue; but if he does you may counter-claim and seek all the same damages as he says he will claim--

He is trying to scare you by threatening with legal action so that you will just leave! Let him sue, and you sue back! Do you have anything in writing or recorded stating his true reason for eviction? I know it's a hassle, and people are JERKS, but I would fight this to the end if I were you because what he is doing is wrong, and I'm pretty sure illegal. Were there any warnings given about your spouse not being on the lease? I had a similar issue with my sister's apt, and they told them that they would give 3 warnings (1 per month) and then issue an eviction notice. I am not sure, but I think that he doesn't even want to go to court, but just to scare you....STAND STRONG!