Legal Question in Landlord & Tenant Law in Massachusetts

I have been renting an apartment for 6 years with the landlord living next door. He moved out in April & put the house up for sale.

During the months of June, July & August the down stairs toilet was broken & running without my knowledge (I'm not a plumber).

Once I heard it make a noise & asked him to look at it. He did & said Jiggle the handle.

He received the water bill, which was close to $2,000.00 & is holding me accountable & taking me to small claims court.

This is unfair.

Any advice?

M Massachusetts


Asked on 10/02/12, 4:53 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

If you had knowledge that the plumbing was broken, or that the toilet was running, and you did not bring it to the attention of your landlord, there is some possibility that you could be liable. However, he should have known after receiving his June bill that the water was running, and it may be unreasonable that he waited until September to address the issue.

Small claims matters are rather informal, and I could see your case going either way. The focus will likely be whether either party acted unreasonably under the circumstances. If you are looking for representation, please feel free to contact my office.

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Answered on 10/02/12, 12:24 pm


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