Legal Question in Real Estate Law in Massachusetts
Am I responsible to pay rent while work is being done and I can't live in the ap
Am I responsible to pay rent while they renovate the bathroom? The shower/tub wasn't working for 2 weeks while they renovated. I deducted those 2 weeks from my rent as well as the cost of one week that I had to stay at a Inn. (I stayed with friends the other week.) The landlord wants the rent for those weeks because my stuff was in the apartment (like storage fees). He also thinks that because the toilet was working for one of those two weeks, I could have lived there even though I couldn't shower or bathe. I think being able to shower was essential to moving back in. Do I have to pay rent for the time the shower/tub was not useable?
2 Answers from Attorneys
Re: Am I responsible to pay rent while work is being done and I can't live in th
You may be responsible for some of the rent, but certainly not all. A Massachusetts Consumer Guide:
The state publishes an on-line guide "Tenants� Rights And Responsibilities" at http://www.state.ma.us/consumer/pubs/tenant.htm
Under Mass. law you have a right to a an apartment in habitable condition - which means a working bathroom. In court, the judge would have to determine the value of the apartment, absent a working bathroom, as against the rental for the property, and grant you a rent deduction for the period of time that the bathroom did not work.
That amount might be less, or more, than the amount you withheld. If the amount of the proper deduction is less than the amount you withheld, the Judge would almost certainly give you a chance
to pay the money. The relevant statute is at http://www.state.ma.us/legis/laws/mgl/239-8a.htm
You should however, obtain legal counsel in an eviction proceeding.
You are probably better off trying to explain your position to the landlord and working out a compromise.
-Warren Agin
Re: Am I responsible to pay rent while work is being done and I can't live in th
I think the last reply was on the right track but didn't quite bring you to the conclusions ... not that I want to commit myself for free, but here's what I'd say:
A judge would consider an apartment with a bathroom to be worth seriously less than the full rent. You'll have to be able to establish the facts (but, if you don't make it obvious that you're worried about it, s/he may not realize it's possible to make you prove them!).
The statute 239 8A guarantees you that if you withhold rent and it goes to court on an eviction for non-payment of rent, you will be able to pay up what the judge says you owe and be able to stay.
I concur that it's better to try to work it out with the landlord than to go to court.
If you're in the Boston area, you can give me a telephone call at 527-0050.
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