Legal Question in Real Estate Law in Massachusetts

What are my tenant right?

I live in an a three family apartment building. I have been her for over a year and a half. I have major issues about where i live. There is a rodent problem. I don't have a bathroom door. My outside doors are falling apart. My landlord just raised by rent for august 1st. Am I aloud to with hold rent until things have been fixed and replaced? Please help me. I have a husband and two children to think about. What are my legal rights.


Asked on 7/02/00, 4:12 pm

2 Answers from Attorneys

Charles Cobb Charles Cobb, Attorney At Law

Re: What are my tenant right?

You should call city hall and have the inspectional services department come out to look at the place and make a report. You should also document the evidence of rats. Next I would suggest you call the Mass Tenants' Association. You may be in a good position to withhold rent but that will depend on the specifics of the evidence.

Good luck.

Charles W. Cobb

www.massachusettslawyer.net

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Answered on 9/07/00, 9:29 am

Re: What are my tenant right?

You are allowed to withhold rent until repairs are done. There's a little procedure to follow to make sure that you aren't accused of non-payment and forced to pay over the money right away.

Furthermore, the law can give you a reduction in rent for having to live with the "conditions" in the apartment, a percentage usually (if not 0, then 5 to 20 usually) of the rent (though theoretically up to 100%) times the number of months you've lived with those conditions, or sometimes you can just get an award of 3 months rent. The place sounds pretty bad but it's hard to judge from here.

If I'd heard from you sooner, I might also have been able to advise you on how to postpone the rent increase but it's past that date now ... have you already agreed to the new rent?

Did you withhold? Did you get the repairs made?

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Answered on 9/06/00, 11:30 pm


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