Legal Question in Landlord & Tenant Law in Massachusetts

What type of damages to seek following constructive eviction

Under the terms of ''Repair and Deduct,'' I have recently chosen to treat my lease as void and move out. I am planning to seek damages under Chapter 93A. The conditions existed when I moved in, were certified by the Board of Health, and are still not fixed. Is it appropriate for me to seek the amount of the broker fee I originally paid, on the grounds that I wouldn't have rented (and paid the fee) if I'd known about the problems (damaged and flaking asbestos is one of them)? How about the costs of having to move out? What other damages might be appropriate to seek in this case?


Asked on 1/22/04, 4:09 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: What type of damages to seek following constructive eviction

"Repair and deduct" does not mean that you can treat the lease as void and move. It means you can pay to have the work done yourself and deduct it from your rent - the implication being that you intend to stay there. If you had problems when you moved in, did you get a Statement of Condition, which the landlord is legally required to give you? In any event, your fact pattern suggests a number of causes of action: breach of the warranty of habitability, deceit & misrepresentation (I assume the landlord promised to fix things); infliction of emotional distress, etc. If you really want to go after your landlord, get a lawyer to help you because this can be a fairly technical area of the law. Good luck.

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Answered on 1/22/04, 4:14 pm


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