Legal Question in Landlord & Tenant Law in Massachusetts

Landlord Will Not Fix Heat Until Arrears Are Paid

I am one month behind on my rent. Since I have moved in here, in April that has been no heat on the second floor where the bedrooms are, and limited heat on the first floor. I have asked the landlord for months to fix it. Now I am one month behind (700 dollars) and the landlord is now saying that I cannot have the heat fixed until the rent is caught up. I have asked him to fix it since before the rent was behind. Is there some sort of legal action I can take? I have two children under the age of three in the home with me.


Asked on 12/07/04, 2:53 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Landlord Will Not Fix Heat Until Arrears Are Paid

Contact your local Board of HEALTH AND MAKE A COMPLAINT IN WRITING requesting an inspection for State Housing Code violations. Note that should landlord attempt to evict you within 6 months of making such report he must overcome the presumption such eviction is in retaliation for your making the report and may entitle you to certain defenses and crossclaims in any such eviction action. Good Luck!

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Answered on 12/07/04, 4:22 pm


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