Legal Question in Landlord & Tenant Law in Massachusetts

If they will not tell you who the true landlord is, you might suggest to them in writing that you are going to refrain from paying rent until you are instructed as to the true owner of the property. Most likely, the home is still under the control of the executor of the grandmother's estate, and you are likely safe sending checks to the executor (executrix) of the grandmother's estate.

Before withholding rent, you should notify the landlord of the problems in writing (I would send these notices to the executor for the time being) and of your intention to withhold rent if they are not addressed. To be even more thorough, you should contact your local board of health and have them inspect the property. They will provide the landlord with a list of housing code violations that need to be fixed.

If you are going to withhold rent, there is no requirement that you put the money into a separate account, but it is a good idea and demonstrates good faith on your part (and demonstrates that your failure to pay is not the result of a lack of funds). Any account will do. The amount you decide to withhold depends on the nature of the violations that exist. The question that a court would ask later is: what is the monthly rental value of the property with the housing code violations? I would suggest something like 1/2 the rent.

You may need an attorney to assist you in all this at some point. Feel free to contact our office when you do 617-357-4898.