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It has come to my attention that the apartment I rent violates the warranty of habitability because, among other things, there is no running water. I rent in a two family house that is divided into rooms for rent. I am wondering if I call the to...
You should definitely consult with a lawyer to protect your rights and the rights of the other tenants.
It is possible to have the city inspectors require the landlord to fix the building and not make all the tenants homeless at the same time. In some cases if the repairs are too complicated to complete in a short time frame the landlord could be required to find you alternate housing while repairs are done.
Many of the lawyers on this site will give you a free consultation by phone. it's important to pick somebody experience with landlord tenant lawSee question
I am renting an apartment for $150/week with no lease. There is literally no running water or stove. My understanding is that these are violations of the Massachusetts warranty of habitability. I am concerned about reporting them or taking leg...
You are correct to be concerned about being ordered out immediately, but that does not mean you are without recourse. Based on the lack of water apartment the landlord should be ordered to provide water and provide you alternate housing if the water can not be quickly fixed.
I strongly suggest that you should talk to a lawyer so you know what steps to take. A lawyer can help you prepare your case and get the evidence you need before going to court and before calling the Board of Health. The steps will depend on the details of your tenancy and what your goals are with the case. Many of the landlord/tenant lawyers on Avvo provide free consultations.See question
Can a landlord charge any other fees beyond first month, last month, security deposit, and lock and key? If charging extra for a pet, is it allowable to charge an up front fee or an additional monthly fee? I was presented with a lease that includ...
The landlord can not charge fees at the inception other than the first, last, security deposit and cost to change the key. However some leases have fees that are done correctly in that they are rent. Other fees are done incorrectly. You should have a landlord / tenant lawyer review your lease to find out if the fees are correctly done or not. Several lawyers here offer free consultation and can review your lease.See question
My wife and I lost our house to foreclosure. The bank sold the house at auction and repurchased it. We were notified by a real estate agent who represented the bank. The representative offered us a deal that the bank would give us a sum of money...
For the bank to legally lock you out they would have had to take the following steps:
1. serve you with written notice of the court date (called a Summons and Complaint);
2. have a court date and win;
3. the court will typically mail notice that you lost the court case;
4. the bank would give the Sheriff a paper from the court called an Execution;
5. the sheriff would need to give you notice in writing at least 48 hours before they can change the locks;
6. the sheriff would have to remove all of your property from the home before changing the locks.
If you didn't get these notices or if your things are still in the home then you possibly were unlawfully locked out of your home which can lead to significant claims against the bank.
If you think this lockout was unlawful you should call a lawyer as soon as possible.See question
I recently found out after moving in and having a place cleaned, and after calling the Malden MA board of health for an inspection, my apartment was not registered as a rooming house. Regulation says only two people with different last names can l...
This is a somewhat nuanced question it would need more details in a discussion to properly answer. I work in Malden and would be happy to talk to you for a few minutes if you want to give me a call.See question
My new landlord wants to take my garage and my downstairs bedroom to make her apt a three bedroom with will leave me with no parking and just a room kitchen and bathroom up stairs with my old landlord my apt was a one bedroom and include the garag...
The two prior answers are correct, if you do not have a lease the landlord can terminate your tenancy agreement with 30 days written notice and offer you a new set of terms. It is important to point out that you do not have to accept the new terms the landlord offers. You can reject the offer and keep paying your old rent.
The landlord then will have to decide if they want to take you to court to end your tenancy and if they have a legitimate reason to do so.
Often tenants will accept the new offer because they do not want to go to court. But tenants are not required to accept the terms offered.See question
Hi, If a tenant does not move out of the property that is sold, can the new owners take possession of the tenants property and change the locks? This tenant has a year lease and the lease is not up yet. I have given this tenant 45 days notes to v...
No you can not. A landlord can not remove a tenant (who does not voluntarily leave) unless the landlord gets a court order to remove the tenant. A Summary Process complaint (eviction) is the most common way to do this.
Many of the lawyers here can help you with such a case and likely will be able to negotiate a move out agreement with the tenants.
If you try to move the tenants out without court permission you can face heavy fines and possible criminal charges.See question
It's day 45 after move out. Landlord emailed me about finally sending a check back for the remainder of my security deposit. Charging me 650 for various cleaning fees. I believe the law in MA makes this a pretty open and shut case in my favor.
The security deposit law in Massachusetts is detailed and requires the landlord to strictly follow several steps if they wish to keep any of the tenant's deposit.
You should have a lawyer review the landlord's letter withholding the $650 and they should be able to help you get your deposit and damages back if the landlord did not follow the law.See question
I left USA for a trip in Asia for 3 weeks because I have a civil case that is being processed in Asia. However I didnt recieved any schedule date for my hearing not until last Minute ( a week after the date I was supposed to come back in US) Unf...
In addition to the above answer, the landlord must actually serve you with a Notice to Quit prior to starting a summary process (eviction) case for non-payment of rent. The law requires that the tenant actually receive the Notice to Quit . If you did not receive on before you left, the landlord can not just leave it at you address. If the landlord then files the case and you are defaulted for not being at court, you can seek to have the default removed due to not receiving the Notice to Quit.
Please note that for the Summons and Complaint the landlord can serve you by having it delivered to your address. The Notice to Quit is different and requires that you actually receive it.See question
I sent, by email, a demand for the immediate return of my security deposit to my landlord, as he did not deposit the money into an appropriate account. My tenancy does not end until May 31. I cited my reasons for demanding the immediate return of ...
The security deposit law requires triple damages on the security deposit amount in most situations, regardless of if you asked for triple damages in the demand letter. If you are looking for triple damages on the interest then your demand letter needs to be more precise.
Several of the landlord tenant lawyers here on Avvo would be happy to review your demand letter and security deposit case at no charge.See question