Legal Question in Landlord & Tenant Law in Massachusetts
Landlord issue.
Firstly I would like to thank you all for the answers to my previous questions. Being that I have just moved here from Ireland, I am not familiar with the US Legal system.
Last week, my landlord came about our cat. Even though her letting agent said we could have a cat, which I had forgotten about but we had a cop, my cousin, was a witness to this, she states that we couldn't have a cat. I was so angry at her, that it ruined our camping weekend away with my wife's family.
I only added that as an idea to her past runs. Today about 11:30, I was in my kitchen and I heard the sound of cutting. I went to my living room and saw her looking in while pretending to cut the bust outside (I say pretend because when I went outside it was the same as when I saw it when I checked the mail!) I went back to the kitchen, and she came to the kitchen window and started complaining that I had the windows open in the apartment and that I'd ''Freeze the pipes''.
Sorry for the long winded question, but I think what I'm asking is, is this harassment or will there have to be more incidents?
I have also looked around and there are 12 HC Violations in the apartment, and I don't want to report them because I fear I'll have to see her more
2 Answers from Attorneys
Re: Landlord issue.
You have obviously let from a looney.
1. Report the health code violations, if they are serious. That will start a process running that protects you from eviction, and creates a presumption that an eviction started after the report is retaliatory.
2. It may be time for you to engage an attorney to end the apparent harassment.
3. Bring this all to the attention of the Realtor or rental agent who helped you find the place. While you may or may not be due damages from them, you should be priming the pump.
Re: Landlord issue.
Consider retaining an attorney. In addition to harassment this may constitute a constructive eviction or a violation of your right to quiet enjoyment.
If the HC violations are serious and you report them to the Town Board of Health and file a WRITTEN request for an inspection, they will order the landlord to correct them and the law will impose a rebuttable presumption that any eviction action started within six months thereafter was in retaliation for your report. Good Luck!
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