Legal Question in Landlord & Tenant Law in Massachusetts

30-day Notice...

I moved into this apartment mid-August 2005and paid rent on the 15th of each month until she stated she wanted it on the first of each month in November, giving me time to make it possible. By January I was caught up with rent. In the beginning of February there was an oil leak and the boiler went and I only had heat half of the time with my two young kids. The landlord knew of the problems I was having with my heat and waited until the end of February to fix it. Ever since then I've been having a problem paying rent on time because I had to get oil a couple of times in February to keep up with the cold weather/broken boiler. The landlord showed up on April 6th and handed me an eviction notice dated April 4th due to non-payment of rent (I was paying, just not on time). The notice stated I had to be out by May 1st. Also, the walls aren't deleaded and I have two young children. My questions are should I have had to pay rent for February, where I had pretty much no heat? Is it legal for her to kick us out without a full 30-days notice? Can I withhold the other half of the rent I owe her for not giving me 30-days? Is there anything I can do about the lead-paint situation? Please let me know what processes I need to go through. Thanks!


Asked on 4/12/06, 4:10 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: 30-day Notice...

retain an attorney to respond to the eviction notice (which need only be 14 days for non-payment of rent) You raise complex issues which may or may not give rise to defenses and/or counterclaims. Good Luck!

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Answered on 4/12/06, 5:37 pm


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