Legal Question in Landlord & Tenant Law in Massachusetts

bedrooms in Apartment

My tenant is on welfare I thought I had 3 bedrooms , my tenant says if there is no closet I must say its 2 bedroom can I make my tenant pay for half the water bill? I want to raise the rent The housing says no. can I make the tenant pay the extra? my tenant broke the back screen door is she responsible to pay for a new one. my tenant broke some of the back gate, it was falling apart, do I do not want to put another gate there, she says I have to? We need to take the dhed down because we have to do repairs to the garage she says we have to put another one.


Asked on 1/04/06, 8:13 am

1 Answer from Attorneys

Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: bedrooms in Apartment

You are a landlord who does not have a lawyer? Are you crazy? And you are taking legal advice from a tenant, who clearly knows she has you buffaloed?

A good, experienced landlord/tenant lawyer should be part of your overhead.

If your apartment is approved as a 3-bedroom, the number of closets is irrelevant.

The tenant can be held responsible for any damage she does. Collecting from someone on welfare is a whole other question.

You cannot make the tenant pay any part of the water bill, but if there is a separate water heater, you can make her pay for the hot water heater use. You cannot change a rental agreement (you do have one?) or lease without the agreement or lease expiring. Consult (pay) a lawyer. The same is true for raising the rent. You can do it, but you must follow the law.

Items in the common areas, like the "dhed" and the gate, are not part of the demised premises, and you can do what you want. If the gate was used to keep a pet or child in the yard, however, and that was part of the reason she took your apartment, you may well have to replace it. If she was told when she rented the apartment that she could use the shed for storage, it becomes part of the contract and you would have to offer her alternative storage.

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Answered on 1/04/06, 8:32 am


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