Can I break my apartment lease because of mice infestation in Boston ?
3 attorney answers
No you will not be able to legally break your lease for this problem. An infestation does not make the apartment completely uninhabitable, it would have ot be something like a prolonged period without water, heat in winter, etc. You do have legal options including calling ISD and rent withholding, and you may have other claims. Often if you make a demand on your landlord you can come to an agreement to terminate the lease as part of a settlement, but you have no right to do so unilaterally. Contact an attorney to help assess your claims, make demand on your landlord, and help you negotiate a way out.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
I agree with the other attorney.
First get good documentation that the problem exists, you notified the landlord, and the landlord failed to fix the problem.
You may consider rent withholding, but you should consult an attorney first.
If you do not with-hold your rent in compliance with the statute, you may hurt your case. For example, you must be up to date on your rent before you start with-holding.
The information provided in this forum is neither a solicitation for legal representation nor an offer of specific legal advice on this matter. The reader should consider seeking professional counsel before taking any action or forgoing any action or decision on this or any related matter.
If you break the lease, how would you prove that there were mice in the apartment? Your best bet is to call the Boston Inspectional services to inspect the apartment for mice droppings. When you get the inspection report, you should notify the landlord to exterminate the apartment. If the landlord refuses to do so, you can withhold rent until landlord fixes the problem.
This answer is for general informational purposes only and is not to be construed as legal advice or an agreement to provide legal services.