Landlord Negligence
Jan 01, 2012OUTCOME: A Settlement worth $44,000 and the clients retained possession of their house.
In 2011 and 2012, I represented a couple that had rented a home near Springfield. Shortly after they began their tenancy, they learned of a disturbing number of defects in the property, including sig ... nificant water damage to the sub-flooring of the kitchen and bathroom. Further, virtually none of their appliances worked properly. The Landlord's lease also illegally shifted the responsibility for much of the maintenance of the house from himself to his tenants. Finally, the landlord had also failed to maintain my clients' security deposit in accordance with the law. My clients sued him for negligence, breach of warranty of habitability, breach of quiet enjoyment, emotional distress and violation of the security deposit law (ch. 186 15B). In addition, we notified the landlord that my clients would be withholding their rent until he made the necessary repairs in compliance with the State Sanitary Code. The landlord counter-sued and sought to evict my clients, attempting to intimidate them into dropping their claims. The parties eventually entered into a settlement agreement in which the landlord compensated my clients $44,000 and agreed to dismiss his eviction case.
