Legal Question in Landlord & Tenant Law in Massachusetts
My brother, his fiance, and her four year old son moved into an apartment in October. About a month and a half ago the apartment became infested with bed bugs. They are coming from the apartment below them, it is a four apartment building and now all the apartments have them. His fiance is 14 weeks pregnant and her son has asthma. Because the landlord had the building sprayed twice, his fiance and her son could not stay at the apartment for a portion of this and last month. They have just found out that the apartment building was infested once before right before they moved in and they were never told or notified before moving in. They were forced to move and had to pay to have all their things heated in a heating truck to kill all the bugs, which cost them $800.00 plus lost all their food, mattresses, pillows and some other belongings, also moving and utilitie expenses. They have withheld this months rent. They are tenant at will, the landlord is now pestering them for this month's rent. What are their rights? What can they do to try and get some of their money back?
1 Answer from Attorneys
Tenants have a right to withhold rent for violations of MA law. Additionally, tenants should not have to pay expenses caused by the landlord's bedbugs. Contact an attorney for case specific information.