Legal Question in Landlord & Tenant Law in Massachusetts

Can I be sued twice for the same thing, small claims, Ma

I am concerned, and a little confused.

I received a small claims notice from my past land lord. I agreed to rent an apartment because he claimed it had a very efficient heating system, and used only 400 gallons fuel a year. After 3 months, and 400 gallons were used at 68*, I told him his original quote was way off and i could not afford it.

I was forced to move. I after all am supporting 6 people on 1 income.

I received a notice that he is suing me for $2000 plus $40 court costs.

But in the description section he claims i owe him $6000+ because he is saying I owe him everything to the end of the lease. 5 months of which have not even passed yet.

Can he sue me again after we settle the first case, or will this be the end of it forever??

Thanks


Asked on 10/08/08, 9:17 am

1 Answer from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Can I be sued twice for the same thing, small claims, Ma

You have a strong potential for getting this dismissed, as the Landlord is trying to have matters both ways. He says $2000.00 in the box to avoid automatic rejection of the claim, then tries to put the whole contract in.

At the very least, he is done after this claim. We are given "one bite at the apple" when we file a suit. All "transactions and occurrences" which are related must be brought in one suit against one defendant.

You should counterclaim for fraud in the inducement, as well as unfair or deceptive acts or practices if the landlord was renting as a business person. If the apartment was in an owner-occupied building, the baseline is 3 units over and above the landlord's. If the building was not owner-occupied, he is a business person.

In addition, the landlord of an owner-occupied building must make reasonable efforts to find a new tenant after the unit is vacated, if the unit was under "a lease for a term of years" (you imply that you had a one-year lease). You should question what he or she has done.

Best of luck.

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Answered on 10/08/08, 9:40 am


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