Legal Question in Landlord & Tenant Law in Massachusetts

Ive been renting out a basement apartment for a little over a year now with a toilet,and shower no refrigerator nor stove or any way of controlling the temperature.i moved in last January 4,2010 and was told to keep quiet about living down here and to say i lived on the first floor.In early may of 2010 the pluming was broken and i had to go elsewhere to shower and had to use the bathroom upstairs in order to do any of my daily preparations to begin my day.it was not until early June that the pluming was fixed.The door had no doorknob for 7months from June till January and i covered the hole with tape so the cold air couldn't seep through.the pluming has been a constant issue and broke another two times the first time being about a month without it being fixed the second time it took about three weeks and the third time it was fixed within three days.Im also not allowed to lock the doors to keep anyone out for my own safety.Ive been told i have no right to lock them because i only rent out one room.I received a phone call today saying that i needed to find another place to live within a month because the landlord cant afford to keep fixing the pluming and any other problems that there might be or might happen and it also wasn't really a "living space".Although,i only pay $100.00 a month to live here i think its very short notice.i would like to know how much time do i really have before i have to get out and if i can do anything about them having me live down here illegally?


Asked on 1/18/11, 4:17 pm

1 Answer from Attorneys
Nicole Reeves Lavallee Reeves Lavallee, P.C.

Well first of all it sounds like the place is an illegal apartment and by law the landlord cannot charge you rent. However he may be entitled to charge you for renting space and since the cost is $100 per month it might not be worth the fight. Under the law the landlord, if he give your proper written notice, has the right to serve you with a 30 day notice to quit. If after expiration of that time and you do not move then he would have to take you to court for a summary process hearing which happens generally 3 weeks after expiration of the 30 day notice has expired. Based on the facts it would not be wise for your landlord to take you to court because you would tell the court all of the problems you listed and file an answer and counterclaim seeking reimbursement of all money you paid.

Read more
Answered on 1/24/11, 8:33 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts