Legal Question in Landlord & Tenant Law in Massachusetts

rodent problem

I have a huge rodent problem in my appartment. I moved in 5 months ago and immediately notified the landlord of my issue. After multiple notices to the landord over the last 5 months the rodent problem has not improved. I have notified the landlord in writing, with phone calls, health deprartment visits, and email notices. I can no longer live in this appartment.

Do you have any recommendations on how to vacate the property with out risking future liability for unpaid rent?

Thanks


Asked on 12/29/05, 12:55 pm

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

Re: rodent problem

Is there a lease? Or is it a tenancy at will? Is the rodent large or the problem large? What specifically did the board of health find and order the landlord to do?

Since you have given the landlord written notice of the problem, as presumably has the board of health, IF the problem was found by the board of health inspector to be serious, you probably will have no problem showing "constructive eviction" if you move out and the landlord goes after you for the rent. You might want to ask the board of health if the rodent problem has been reported before for this building.

Alternatively, and again this depends on the problem being found to be serious, not just spotting a mouse every month, you can notify the landlord in writing, preferably by certified mail return receipt, that you are withholding rent and will apply it to pay for rodent control services.

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Answered on 12/29/05, 2:28 pm


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