A Joseph Ross’s Answers

A Joseph Ross

Boston Landlord / Tenant Lawyer.

Contributor Level 3
  1. Four days after I sent my withholding rent letter to my landlord,I received an eviction letter.What is my best course of action?

    Answered over 1 year ago.

    1. Emma A. Kremer
    2. A Joseph Ross
    3. Douglas Richard Lloyd Jr.
    4. Alex R. Hess
    4 lawyer answers

    As others have told you, you have the right to withhold rent and to complain to the Board of Health. When the landlord sues for eviction, after the notice to quit expires, you can counterclaim for money damages. Moving may be a good idea in the long run, but if you win this eviction case and win damages against your landlord, you'll be able to move when it's most convenient for you. It's good that you're putting the withheld rent away because when I represent tenants withholding rent, I...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My possesions were destroyed by a leaking roof in my apartment from a leak my Landlord was told of months prior. BOSTON

    Answered over 1 year ago.

    1. Thomas J Callahan
    2. Jefferson W. Boone
    3. A Joseph Ross
    3 lawyer answers

    As the others have said, document your damage well. It would also help to have some documentation of your complaints. Were any of your communications with the landlord in writing? This includes e-mail as well as a paper writing, as long as you have the e-mail archived. You may need this if the landlord denies you ever told him anything. I wouldn't do small claims. You get a court clerk, rather than a judge, and the clerk may not be a lawyer. And you can't appeal an adverse decision,...

    3 lawyers agreed with this answer

  3. How do I write a letter to my landlord having paid partial water bill and give him the remaining rent owed?

    Answered over 1 year ago.

    1. Jeffrey K. Varszegi
    2. A Joseph Ross
    2 lawyer answers

    Write the letter as factual as possible, detailing the fact that you had to pay the water bill in order to keep the water on, include the amount of the bill, and tell him that you are deducting that amount from the rent. Then send him a check for the balance, or if the amount that you paid is more than one month's rent, give him the calculations and tell him when and how much rent he will receive in the future. Write on the bottom of the letter that it's being sent certified mail, return...

    1 person marked this answer as helpful

  4. Can I sue my landlord for my rent back?

    Answered over 1 year ago.

    1. A Joseph Ross
    1 lawyer answer

    It sounds like you may have good grounds to break the lease and move out. Among other things, it's likely a violation of consumer protection laws for the landlord not to have informed you about this problem neighbor before you agreed to rent the property. It may also be an unfair and deceptive act for the landlord to call the police and say it's you calling. Is the neighbor a tenant of the same landlord? If so, I wonder why the landlord hasn't tried to evict the neighbor. Bottom line,...

  5. Can a landlord use the excuse of 'family issues' to justify not returning a security deposit for over 60 days?

    Answered over 1 year ago.

    1. Christopher Saccardi
    2. Jennifer L. DiCarlo
    3. Thomas J Callahan
    4. Erik Hammarlund
    5. Christopher W. Vaughn-Martel
    6. ···
    6 lawyer answers

    I agree, there is NO excuse for not returning the deposit or a statement of damages within 30 days. You should hire a lawyer and pursue this as a regular lawsuit, not a small claim. If you file small claims, you don't get a judge, you get a clerk-magistrate, who may or may not be a lawyer, and you lose the right to appeal, but the landlady can still appeal. And don't think the clerk-magistrate doesn't know it. Filing a regular civil action may cost more in filing fees and may take longer,...

  6. Can I sue for incident damages(travel,parking etc) along with suing for security deposit return?

    Answered over 1 year ago.

    1. Erik Hammarlund
    2. Joshua N Robbins
    3. A Joseph Ross
    3 lawyer answers

    I agree with Attorney Hammerlund on this. Most of these cases do indeed get dealt with without a court appearance by the client if there is a lawyer in the case. But in those infrequent cases where you do have to appear, you are unlikely to get travel or parking costs or anything other than treble damages and court costs, including attorneys fees. On the other hand, you'll be getting three times the security deposit you are entitled to, with all other costs paid. That should be enough...