Legal Question in Real Estate Law in Massachusetts
Discrimination by landlord
I am a single mother living with my 19 month old son. I have lived in this apartment since January of this year, as a tenant at will. My landlord has been threatening/harrassing me that my son is too loud/runs too much and that I ''better do something about it.'' He has been saying things of this nature for over 4 months. He said that he ''will not'' lose the tenant below me since she has been there 10 years. My son is an active toddler, and while he does run occasionally, he goes to bed at 8pm every night, and wakes at normal hours. I bought area rugs for the apartment, etc..in attempts to appease them. This past saturday i received a notice terminating my tenancy, giving me 30 days to leave. When I confronted him, he told me he needs the apartment for ''business.'' I do feel very discriminated against and wronged. I do not want to uproot my son right now. I have friends and family who have witnessed him harrassing me, so it is not just his word against mine. It is very obvious that he wants me to leave because I have a child and not for ''business''. I have documented four monthes of rude statements and threats. Please let me know if I have a case.
1 Answer from Attorneys
Re: Discrimination by landlord
It's a difficult case. When did you get your notice to quit? What if any was the written reason?
You're not likely to win a discrimination suit.
Do you know if there's any lead paint in the unit? A lot of unethical landlords evict people with young children to avoid having to delead. It's easy to buy a cheap kit and test for lead yourself. DO NOT MENTION THIS TO HIM. In fact, don't speak to him.
Have you been paying your rent, even after the notice to quit? How did you pay Nov. rent, by check? Has it been cashed yet? When do you get your statement back containing the check?
Why don't you fax me the notice? (617) 527-1763. There are many technical flaws with such notices that can serve to hurt the landlord's ability to evict you. While you're at it, fax me the list of rudenesses and threats that you have written and the list of witnesses -- are any of them his other tenants who wouldn't want to cross him? If he's been rude, that doesn't win you the case either, I'm sorry to say.
What city or town are you in?
Are there any other problems with the apartment besides the lead paint (if there is any of that?)? Have you ever mentioned them to him or written any notes about them to the landlord?
When is that 30 days up? When exactly did you receive the notice and who gave it to you?
You should know that you don't in any case have to leave at the end of the 30 days. He has to wait that time, then there's a whole legal process he has to follow which takes another month, minimum, to get you out, if you have the assistance of a qualified attorney.
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