Legal Question in Landlord & Tenant Law in Massachusetts

breaking lease

I currently live in an apartment with one roomate. My roomate's father owns

the apartment and is my landlord. Prior to signing my lease I met with

roomate to get to know her. I asked both her and her father ( my landlord ) if

there were any health issues that I should be aware of or living habits etc that

I should know about. None were revealed to me at that time. As it turns out,

my roomate suffers from bipolar disorder and she has some very bizarre

obsessions ( sexual offenders, rape victims etc. ) She does things that make

the apartment unsafe ( for example turning the heat up to 90 plus degrees,

leaving the stove on, leaving doors unlocked during the day ... ) Can i break

my lease and move out? Is there a ''quality of life'' clause to protect me? I

believe that my landlord willfully misrepresented the situation and took

advantage of me. My mental health is suffering living in this situation and I

need to move out. Do i have any legal backing for breaking my lease?


Asked on 11/28/05, 11:31 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: breaking lease

Probably. You would have to have the lease reviewed by a lawyer and the lawyer would want to know if the ad had any references to living with a handicapped person. Some people do not regard mental illness as a "health issue." If they were aware of the safety issues posed by her behavior, they should have disclosed them.

It serves no purpose helping their daughter if her condition is not under medication and/or she does not take her meds or the meds are not helping her.

The legal basis for breaking the lease would be fraud in the inducement and the daughter's violation of your right to quiet enjoyment by doing things that risk your life and property. The latter technically requires a notice to the landlord (written) and a demand that he eliminate the problem. The parents may or may not know all the details, and if there is a history of sexual abuse here, the parents (or one of them, at least), may be in denial.

If you are just guessing or are relying on non-psychiatric professional persons for your diagnosis of bipolar disorder, I suggest you avoid the label and stick to describing the behaviors.

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Answered on 11/29/05, 8:43 am


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