Legal Question in Civil Litigation in Massachusetts

My landlord knows since last April that the septic system has a problem he sent someone over they dug a hole did something filled it in and the stinky water was still comming up out of the ground so my husband notify them again which one of the brothers showed up at the apartment and said if it's brown flush it down if it's yellow let it mellow. Well it's now October the stink is worse the water doesn't hardly go down and my husband left a message last week on there machine that it hasn't been fixed along with another message. Haven't heard from anyone but I haven't sent in my October rent as yet in hopes that maybe they'll stop by. Do they have the right to kick us out?


Asked on 10/13/10, 11:38 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

Pay the rent this month and call the board of health. Assuming the Board of Health cites them for a violation you will then have documentation that you filed a complaint. The Board of Health should make them fix the problem. If they can't do it until spring, ask the board of health to order that they put you in a hotel unitl it is fixed. Rent withholding should follow a particular process so you should consult an attorney to make sure you do it correctly.

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Answered on 10/18/10, 1:54 pm


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