Legal Question in Landlord & Tenant Law in Massachusetts

Help! we need quick advice dealing with Shady LandLord

Hi,

I need advice on this.Okay here is the situation

A. Needed apartment in May 05-found one in June 05

B. Found two bedroom Replaced one roomate who left the state-she was on lease but I was not.The girl asked management to put me on lease or make me tenant at will. The person in management office said it was fine that i was tenant at will until I can sign new lease in Jan 06.

Now it is Jan 06, The person in management office who said it was okay for me to replace the girl that left is no longer working for the management.

Two days ago, the new property manager called me on my phone yelling at me, they locked me out for a couple of hours.She told me I was living there illegally(although all my checks paid directly to managment was cashed. I was never late on rent).The new property manager said I have to leave by the 31st.Also she wrote a letter to the girl who left the apartment saying if she wants to renew the se with me on the new lease, the rent is 1450 per month(this was in writing), but now she is saying I cannot stay here with my current roommate and that they are raising the rent to $2500 per month(not in writing).They said they will take us to court.I want to ask the judge for 6 months extension.Do I have rights?


Asked on 1/23/06, 6:47 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Help! we need quick advice dealing with Shady LandLord

I don't know that the landlord is shady - the landlord is not the one who has stayed in an apartment after the lessee left, without getting something in writing saying she has a right to the premises. I suspect if you read the lease, it says something to the effect of not allowing persons not on the lease to stay more than a few nights. It may also say that any money received will be deemed payment for use and occupancy and does not create a tenancy. That makes them - you - a tenant at suffrance, which gives you few rights. You have a right to a written notice to quit - probably - although how much time has to be given you is not settled. The landlord cannot evict you without first getting a court order, which apparently it is getting, and you will not get more than a week or two to move out.

If your case is not in the housing court, you should transfer it to the housing court. That will get you a week.

If you have the money to appeal the issue to the state supreme court, you might get a different answer, but I consulted on a similar situation last year and the tenant lost at every level. That tenant could not afford a lawyer for the hearing or the appeal.

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Answered on 1/23/06, 8:29 pm


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