"Her husband became deathly ill and she resigned that same week and I can't find the tenant's lease renewal, which makes him a "tenant at Will"
What you have is a tenant with a 12 month lease who's lease you lost. You have plumbing backing up and leaking all over the place. You jack hammered the floor clear out the door. You are ripping out the ceiling and walls of your bathroom that sag and have mold. Then you want to point to the tenant and tell him he does not know how to keep a place clean. Your apartment is not fit for human habitation. You need to get this tenant a decent place to live immediatly. You are going to look really silly in front of a Judge with this one. The Judge will empty your pocket out as well when you tell him that lost lease thing is why you kicked out a paying tenant who was living in a place not fit for human habitation.