Legal Question in Real Estate Law in Massachusetts
Landlord continues to endanger health
I have asthma and as a result have difficulty breathing when someone smokes. We have asked our landlord repeatedly not to smoke in the basement as it comes into our apartment. What legal action can we take (i.e. breaking the lease, not paying rent,...) to stop him from doing this?
1 Answer from Attorneys
Re: Landlord continues to endanger health
The landlord is not allowed to interfere with your quiet enjoyment of the apartment. You may be able to withhold rent if he fails to stop smoking in the basement. A tenant may recover actual damages or three months rent, whichever is greater, plus costs and attorney's fees. The best course may be to send a letter to the landlord asking informing him/her that the smoke is interfering with your use of the apartment. If this does not stop, you may withhold rent. It is not wise to withhold rent prior to notifying the landlord in writing regarding the problem.
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