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Is harassment that takes place by an agent of the LL a "bad condition" or "breach of quiet enjoyment"

Somerville, MA |

Circumstances:

a: A construction worker doing or proposing to do types of construction that require special MA license and/or a permit where neither exists who also harasses, intimidates and bullies a tenant when on premises doing work that is circumventing proper licensing and requirements to do it.

b: Worker considered 'agent' of (absentee) LL regarding all matters of construction.

c: LL fails to act on tenant's complaints of harassment and instead enables it further

d: Harassment is type which after described in a police report results in an officer telling agent he could be facing criminal charges if he does not stop. (Only then, did the harassment stop.)

Is this sort of thing a "bad condition", "breach of quiet enjoyment" or both?

Attorney Answers 1

Posted

It certainly sounds as though it is a breach of "quiet enjoyment," but depending on what it is that requires repair and maintenance, it could also be a condition that amounts to breach of warranty of habitability.

You should consult experienced landlord-tenant attorney to review your options.

Best wishes.

No attorney-client relatonship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside, particularly as it relates to family law, child support, custody and visitation (a/k/a "parenting time") issues, including 209A abuse-prevention restraining orders (a/k/a "ROs" in legal-speak), regarding un-emancipated children, under the age of 22.

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