Legal Question in Landlord & Tenant Law in Massachusetts

I moved into the apartment in 5/2006. At that time, the landlord stated that he would replace the carpet because the carpet was old. I repeatedly asked the landlord to replace the carpet because my children were getting sick where they were constantly in the emergency room. Finally, after 2 years of pleading and begging to replace the carpet he did. I have had issues since I moved in where there are mice. These mice come from the basement where the Landlord has someone living down there and they constantly leave food around. I have complained numerous times to the Landlord and he basically has done nothing. During the winter months, I have had to deal with a cold apartment where at times, the hot water does not work. I have also addressed the issue with the landlord where he has stated that there is nothing wrong with the water and that I would need to run the water for at least 30 minutes. When that produces no hot water, I am told by him to carry buckets of water from the basement upstairs to fill up the tub.

My last conversation was with my Landlord on November 4, 2010 where I told him that he should make some compensation for the fact that my heating bill is sky high because of the malfunctioning heating system. His response was that �I need to manage my heat better�. I told him that I was withholding rent because of the conditions. He told me that if I didn�t pay the rent that he would evict me. He sent me a notice on November 11, 2010 to vacate the premise because he says that I am in arrears.

When I originally rented the apartment I gave him $2000 in which he told me that it was for first and a security deposit ($900 + $1100) yet he wrote on a paper that it was for first, last and a cleaning deposit. He has the balance of $1100 in which he intends on keeping because he is basically saying that I owe him money.

As of now, he is trying to correct any problems, in an attempt to state to the Court that there was never anything wrong with the apartment in hopes that the Court will evict me. He is trying to evict me out of retaliation for complaining and letting him know that I contacted Inspectional Services. I have a 4 year old and a 5 year old. I need help.

My landlord has gone into my apartment on numerous occasions where he has told me after noticing things moved or missing.

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