Legal Question in Landlord & Tenant Law in Massachusetts

renting an apartment

I am a single parent of 3 children under the age of 18.

I live in Taunton, ma and am renting an apartment without a lease for $700.00 a month. The landlords informed me today that they will increase my rent by another $700.00 as of March 1st which isn't even a months notice. Can they do this or is there some sort of a cap as far as rent increased go? I feel there is some retaliation with them because I lived with there son for 9 yrs and have broken up with him in the last 6 months. And their words to me were this is one way of getting you out. There are also housing violations in the apartment like no hard wired smoke detectors, water leaking from the apartment above me. If you can help me with some advice I will be very grateful Thank You--name removed--Davidson


Asked on 2/09/04, 2:23 pm

2 Answers from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: renting an apartment

First, the landlord must send you a written Notice to Quit to terminate your current tenancy and offer you a new one at the increased rent. Second, the Notice to Quit must provide a 30 day notice. If the rent is payable on the first, the notice must be served prior to the first and provide for 30 days. For example, in order to increase rent on Feb 1, the Notice would need to be served by Jan 1st. If you receive a proper notice, you have the option to reject the increase and continue paying the old rate. However, the landlord would be entitled to bring an eviction action. Third, as a tenant at will whose tenancy is being termianted for no fault of the tenant, you are allowed to ask the judge for up to six months to find another apartment.

There is no cap on the amount of rent a landlord can charge (assuming this is not low income housing). Regarding the violations, call the Department of Health and ask for a sanitary code inspection. The inspector will document all issues with the unit and require the landlord to repair. The inspector's report is evidence that there are conditions existing in the unit.

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Answered on 2/09/04, 2:42 pm
Joseph Murray Joseph M. Murray, Esq.

Re: renting an apartment

In addition to the items stated in Attorney Trant's reply, you should take your "lease" to an attorney to further determine your rights under its terms.

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Answered on 2/09/04, 3:16 pm


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