Legal Question in Landlord & Tenant Law in Massachusetts

Landlord harrassment?

Hi. I'd like to thank everyone for all their responses to the questions I've had. Since I'm new to the US, I would be lost without the help.

I am having an issue with my landlord. She is asking us to move out as we have a cat. Although, the lease we signed I don't remember there having a pet clause, the lease she sent us does, along with a photocopy of our signature on the back page, which has only signatures so could have been attached to anything really. Her rental agent also told us we can have a cat saying he spoke to her (although she apparently has a history of flip-flopping on issues, according to past and present tenants). Also, my cousin, a police officer witnessed him saying that as he was helping us pick a place.

The other thing is, we gave the signed lease to her agent on the 19th of August and didn't receive her copy until the 6th of October, 48 days later. Am I right in thinking that she voided her own lease pursuant to M.G.L. Chapter 186, Section 15D?

Also I am in the process of immigrating here form Ireland and USCIS has all my documents at this address, so moving would be an awful lot of trouble for my wife and I.

Any suggestions?


Asked on 10/21/08, 1:54 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Landlord harrassment?

It is likely that if the landlord wants you out of the home, she will be able to do it eventually.

However, there are a number of things a tenant can do with the help of an attorney to remain in the apartment for two or three months. It is even possible, depending on the conduct of your landlord, to extract some sort of cash settlement in exchange for you moving.

The most important thing to keep in mind is that only a court can evict you. The landlord may not evict you or demand that you leave without commencing an eviction action.

Please feel free to contact my office if you would like to schedule a consultation.

Read more
Answered on 10/21/08, 2:13 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts