Legal Question in Landlord & Tenant Law in Massachusetts

Re: Water Damage

You need to call the local code enforcement or board of health or housing inspector (call city hall if you don't know who to call), who will inspect the damage and determine if it is not habitable. They will send a notice to your landlord to clean the place up. If you intend to withhold rent, the inspection must find the premises unfit for human habitation and you must send the landlord a written notice of your intent to withhold rent until the place is cleaned up and re-certified as fit for human habitation. You might want to let your landlord know you intend to do this unless you get immediate action if you have been there a while or have had a good relationship with the landlord til now. Once he has notice, you may want to have the work done yourself and apply the rent to the repairs/rehabilitation if it is less than or equal to the rent.

If the water doing the damage was from the toilet overflowing after use, the water is contaminated with human waste and the cleanup will be greater than if it is just tap water.

If the damage was caused by the landlord's negligence, or made worse ny his failure to act quickly, you may be able to hold him liable for having to rent another apartment or room until the work is done, as well as attorney's fees and costs.

If the damage was done by the tenant's negligence, you may have to sue the tenant, if he has insurance or assets making it worth suing.

If it is an older house with horsehair lath, it will smell worse than if it is sheetrock. Mold and mildew is already setting in, especially on the inside wall's outer surface (you can't see it).

I suspect the landlord has learned it will be more expensive to clean up because of the soil water, and does not have the money. You will have to hope the landlord is not a friend of the inspector, and keep after the inspector and the landlord.

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