Legal Question in Landlord & Tenant Law in Massachusetts

Landlord suing in small claims, dishonest practices

I signed a one year lease after being provided a yearly fuel usage of 400 gallons. Come to find out a few months later I used almost 400 gallons in a few months, 68 degree thermostat.

I told landlord I could not afford the place because his quote was too far off.

He agreed to split the cost of a pellet stove, I bought all the pellets, and he backed out on buying the stove.

I decided to move, now he is trying to sue me in massachusetts, for the remainder of the lease. small claims court.

I feel he misled me to get me in the apartment, broke a signed agreement we had to split the cost of a stove, and wasted my time and money on pellets and having to move again.

I would not have rented if I knew the true cost of heating.

Where do I stand?


Asked on 10/07/08, 5:14 pm

1 Answer from Attorneys

Re: Landlord suing in small claims, dishonest practices

First, I do not know how much is involved in the lease, but he can only recover $2000 in small claims, so his claim is limited.

You can counter-claim for the cost of the stove, if you actually bought it. You could seek to remove the case to housing court. You could file a counter claim under MGLc 93A for deceptive business practices as well as fraud in the inducement.

However, you will need to prove your damages and he will have to tell you whether the apartment was occupied the entire time and how they heated it.

If you go to the Mass trial law libriaries on-line and look in landlord tenant, you will find a great deal of information for you to use in defending yourself and filing a counter-claim.

Good luck.

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Answered on 10/07/08, 5:29 pm


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