Legal Question in Landlord & Tenant Law in Massachusetts

My tenant converted a storage space into a bedroom without authorization or a building permit. They are now planning on sueing me for the costs associated because I have told them that until this is resolved by the building inspector, they cannot use this room. The room they converted is in the basement, and their intent is to use it as a bedroom, to which the building inspector has already said no due to the size of the windows. They now refuse to pay rent. I must start the eviction process.


Asked on 12/23/09, 12:42 pm

1 Answer from Attorneys

You send a 14 day notice of termination and indicate that you want damages for the unauthorized construction in your basement and the court to order removal of the "bedroom".

When you do not get paid, file a complaint for summary process. If they do pay the rent, then send them a 30 day notice to remove the unauthorized improvement and inform them you will hold them responsible for any costs incurred as a result of their actions and inactions.

If you want assistance with this please feel free to contact me.

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Answered on 12/28/09, 12:53 pm


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