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Nathaniel A Tripp

Nathaniel Tripp’s Answers

35 total

  • I need to vacate my condo for 3 to 4 days while repairs involving mold are done. What are my rights?

    The mold and repair work needed is the result of a leak from the dishwasher that I reported to the landlord upon moving in (Sept.). She has sought several estimates and the work is to begin Jan. 28. I have a 3 year old child. We have been asked...

    Nathaniel’s Answer

    Be sure to communicate your needs, in writing, (keeping a true copy for yourself) to your landlord during this time, include in the note a request for a meal allowance on top of the hotel (lunches too). You might even explain why. A little communication can go a long way. If the landlord is remedying the issue and taking reasonable steps to put you up - including accounting for your inability to cook meals -, not sure you will get very far at court. Keep a record of any other extra expenses, however, and all communications and have it available in the event other issues arise in the future. Good luck!

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  • Is it illegal to charge me for water in a 3 family house for my washer

    i hadgot a porable washer and dryer as my child hasa sickness that makes her laundry have to be washed daily and now m landlord finds out i have washer machine is wanting me to pa $100 extra a month towards her water bill

    Nathaniel’s Answer

    You may need to contact a landlord tenant attorney to review the more specific facts of your case. Based on what you wrote, the short answer is yes, it is not legal for your landlord to charge for water unless it is appropriately metered. That said, there may be other considerations. Many lease/rental agreements have provisions about installing a washer/dryer without permission. If yours does,, it could be grounds for an eviction (after appropriate notice). I might suggest reviewing whatever agreement you have to see if there is any such provision to know where you stand, and as was recommended, have an honest discussion with your landlord about the situation. If your child's sickness is a documented disability, you may be able to request a reasonable accommodation. Either way, a consult with a landlord/tenant attorney may be valuable to work things out, especially if your efforts at reasonable communications with your landlord do not go well.

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  • Should a landlord providesecond copies of the lease after 1.5yrs when a summary process is in place?

    I am a landlord and I provided copies of the lease to 3 tenants when it was signed a 1.5yrs ago, 1 of them moved out. Now I'm evicting them for non-payment and they also have 4 unathorized guest in my property for 6 months. And now they are askin...

    Nathaniel’s Answer

    If tenants are asking for it as part of Discovery for the summary process case, yes, you need to turn over a copy in accordance with the Uniform Summary Process Rules, typically within ten (10) days of receipt of the request unless you made some other arrangements with them or their attorney. Just make sure to keep a copy for yourself as well. Generally, evictions in MA can be difficult and expensive for landlords if everything is not done just right. You may wish to consult with a landlord tenant attorney who might be able to warn you of potential difficulties in advance and guide you through the process. Good luck!

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  • I rent out a garage that I use to store my stuff and my landlord locked it up. Can he do this just cause I didn't pay to use it?

    I'm on a month to month lease and am probably gonna be going through an eviction process for non payment of rent. Well I use to pay for the garage, an extra $50 in with rent but came home an he locked it up. It is attached to the house but there...

    Nathaniel’s Answer

    You don't give a lot of information making it difficult to give even a cursory analysis of the problem. It sounds as if you may have had made an agreement for the garage, unrelated to your rental agreement, which may take the garage rental outside of the residential LL/T context. Often, a review of the rental agreement (and any other writings/paperwork from the beginning of your tenancy) is a good starting point to see which areas are accounted for as part of the tenancy. Contact a local attorney dealing in Landlord Tenant and/or contracts for a more thorough analysis. Good luck.

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  • Tenant moved in Saturday - 3 units complain Mon. He smokes heavy..no windows open going to other units. Can I evict him?

    He said he didn't smoke, do drugs,have girlfriend when interview but now denies saying no smoking. Not written in tenant at will. He his heavy smoker closed windows and uses aircont 24-7. I went up and asked him to go on his outside porch but h...

    Nathaniel’s Answer

    I think that you need to consult with a landlord/tenant attorney.

    It seems to me that the tenancy has begun, and so in order to evict him you would likely have to proceed to summary process (eviction), which can be costly, time consuming, and potentially open up a hornet's nest of defenses and counterclaims. It is not clear from your post whether your agreement is written or not. If you have a written agreement, you should review it and see if there are terms about smoking, excessive a/c, etc. for which he is in violation of. Some agreements allow a shorter notice to quit requirement in instances where tenants breach. If not, notice would need to be a rental period, and end on a rent day. Also, since you already are getting complaints about him, a failure to take reasonable steps to address the problems could open you up to claims from the other tenants.

    In sum, I would highly suggest you consult with counsel as soon as possible to look at the specific facts, draft appropriate notices, and help you navigate through this process. An expenditure now could save you a great deal of time & money down the line.

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  • I got a letter from the city of lynn saying sombody filed a illegal apartment complaint

    right now the apartment in question is empty and i have no plans on renting it till it is up to code or i just wont rent it at all if the cost is really high to be up to code, this complaint was sent by a tennant who moved out. the letter said to ...

    Nathaniel’s Answer

    It is tough to say how a town may react since an illegal unit was rented, but is now vacant. Therefore, there would not seem to be a present violation. You may want to consult a local attorney with the specifics.

    Generally, it has been my experience that it is probably best to cooperate with inspector since you are on the town's radar now and ultimately, it will do what it must. That said, inspectors have some discretion and are often willing to work with homeowners so long as you communicate promptly and openly about your intentions, and progress.

    Good luck!

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  • If i live in an illegal apartment, can my landlord sue me for anything?

    I paid first last and security right when i moved in and i have paid every 1st of the month. Because my hot water lasts 10 minutes per every 3 hours, i have complained to him and he refused to fix the problem so i requested a shorter lease. The a...

    Nathaniel’s Answer

    As the other attorneys that responded indicated, it does not sound like the landlord would have a leg to stand on if he brought a case seeking to hold you to your lease. The only thing I wanted to add is that although you may not wish to sue them, it may be the only way to get your security deposit back. If you do have to go down that road, you may be able to do it yourself in small claims. I am sure an attorney would agree to help you with this also, but wouldwant to go after everything. Good luck!

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  • How to evict a tenant who does heroin in the apartment? His room mate is concerned because of needles being left around.

    He was supposed to move out by the end of December but has not left (his last months rent was used for December. Nothing was written just verbal. He would constantly be late on paying his rent. We would see him high on occasion but did not real...

    Nathaniel’s Answer

    I would fully agree with previous post but wanted to highlight one piece mentioned, that it will be your burden to prove the illegal activity. It may require cooperation from the roommate. The roommate could always call the police and if substances are found, then it will buffer your case for the expedited method of voiding the tenancy. The alternative is going through summary process eviction proceedings. Either way, I would strongly urge you to consult with a local landlord tenant lawyer, as this area of law is rife with pitfalls, and your case would appear to potentially have other subtleties which should be considered by an experienced practitioner.

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  • In Somerville, MA, landlords/property owners are required to shovel snow. Can landlords pass that responsibility to tenants?

    Landlord has a 7 unit rental property. With each of the 7 tenants, he has a lease that specifies they are responsible for snow shoveling. In a nutshell: - A: MA State law: landlord to deal with snow B: Landlord lease: tenants to deal with snow...

    Nathaniel’s Answer

    The answer depends on the building/unit. The state sanitary code, 105 CMR 410.452, states as follows:

    The owner shall maintain all means of egress at all times in a safe, operable condition and shall keep all exterior stairways, fire escapes, egress balconies and bridges free of snow and ice, provided, however, in those instances where a dwelling has an independent means of egress, not shared with other occupants, and a written letting agreement so states, the occupant is responsible for maintaining free of snow and ice, the means of egress under his or her exclusive use and control.

    Therefore, a landlord can pass along the responsibility to tenants in a lease, if the areas to be cleared are under the tenant's exclusive use and control. Hope this helps.

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  • Should I file in court to non-paying tenants that have 4 unauthorized people living in my premises and hold rent b/c of repairs

    I am a landlord, I rented an apart. to 2 men with a lease now expired that they never followed through, but since they paid on time I let them, in the summer the sister and husband moved in while I was out, only to stay 3 months. In September she...

    Nathaniel’s Answer

    You ought to review the facts in detail with an attorney.

    A few general comments, however: 1) depending on how your original agreement reads, you may be able to bring a case based on a breach of the terms, so long as they arise to something of some significance. This may allow you to avoid counterclaims based on conditions within the unit, but would likely mean a new notice to quit based on how your agreement is written, before anything could be filed.; 2) The retaliation defense/counterclaim would still be fair game but you would likely be successful if you can show the eviction is based on things other than the complaints for repairs; and, 3) To validly withhold rent, tenants should have given you notice and allowed you a reasonable opportunity to make the repairs, in advance of withholding . Speaking to an attorney now and paying some money up front will likely save you significant funds down the road. Good luck!

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