Legal Question in Landlord & Tenant Law in Massachusetts
tenant won't pay oil bill
new tenant of 3 weeks has decided she can't live in this house any longer (after only 3 weeks), & put a stop payment on her check which included last month's rent & deposit. (1st month was on a seperate check). we presented her w. a receipt for her (delivered) oil over 1 1/2 wks ago & now she won't acknowledge the bill nor pay it. (in point of fact, she will have used MORE than what the bill indicates by the time she moves out). in written form, i have 3 times requested she pay this bill, but to no avail. i then turned off her heat for 2 days, but the only consequence was to suffer the wrath of my partner, so i turned it back on. are we, as landlords, obligated to provide FREE oil (if she refuses to pay) with the cold weather upon us? why should she get a free pass, and is there any recourse for us other than to just let her slide for the remaining 1 1/2 weeks she has left here? and finally, even afer notifying her in writing and still not receiving a response, would it somehow be held against me if i kept her heat turned off for the duration? we feel like we have to walk on eggshells around this person, & i really don't want to do anything that might jeopardize our safety and/or legal standing.
1 Answer from Attorneys
Re: tenant won't pay oil bill
You cannot turn the heat off as a Landlord. You can file a notice to quit and sue her for the oil bill as well as the loss of rent.
While eviction is expensive, a landlord cannot take unilateral action against a tenant even if he or she does not pay rent.
By her stopping payment of the security deposit check, she has breached the lease.
I would suggest you give her a 14 day notice to quit and indicate that you will hold her responsible for your costs. You can go to the Trial Law Libraries on the internet. They have several very good articles on being a landlord.
If you are going to evict her, I suggest you follow the procedures precisely.
Good Luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
