Legal Question in Landlord & Tenant Law in Massachusetts

Breaking a lease with cause

I have a 6-mo lease on an apartment that violates code in several areas. For example, I have constant problems with mice and insect infestations. Despite countless phone calls, I still have the problems 4 months later. Unfortunately, only recently did I write a letter (to create a paper trail). My question: can I terminate my lease early based on the landlord's failure to fix code violations, and if so, how?

Side note: there are also code problems that I have not complained about, such as improper ventilation and fire code problems and other issues.


Asked on 7/01/03, 9:21 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Breaking a lease with cause

You probably could just move and leave the landlord hanging, which he probably deserves. You could also sue him in housing court because of the problems. These appear to constitute violations not only of the Sanitary Code, but of the warranty of habitability, as well. If you win, you could get damages equal to three times your rent, plus attorneys fees. First thing, call the Inspectional Services Department (ISD) and get a thorough inspection; make sure they write up everything they can. They will send a notice of the violations to your landlord and order him to fix it. If he doesn't, the ISD will take him to court, too. Good luck!

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Answered on 7/02/03, 1:28 pm


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