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Rental Basics in 01609 : Real Estate Advice

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Activity 4
Sun Jan 12, 2014
Edwadrd Murphy answered:

Louis gave you great advise, if your mothers landlord is not providing heat (or working heating system) you may also withhold rent. Keep in mind when you withhold rent you should put it in a separate account and make it available to the landlord as soon as the issue is fixed. Your mother may qualify for free legal assistance, many people use Community Legal Aid ... more
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Fri Oct 7, 2011
Sherri Way answered:
1. I don't believe this is legal
2. he is supposed to give you written notice of the security deposit
3. This will depend on what YOUR lease says. The typical/standard lease from the Real Estate Board says that you are responsible for the rent until the end of the lease period. The landlord is responsible for trying to find another tenant. You are responsible for any costs he incurs in trying to rerent it (realtor commissions, advertising costs etc). He is not allowed to collect double rent so if for example, you paid October rent and he finds someone for October 15, he owes you 1/2 months rent. Again, this depends on what it says in your agreement.

It would be helpful to consult an attorney unless you can come to a mutual agreement with your landlord.
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Sun Jul 24, 2011
Louis Wolfson answered:
Landlord is required to provide heat unless the lease states tenant is responsible.

A. Heat: Failure to provide heat during seasons which require
heat. The landlord must provide and maintain a heating
system in good operating order. From September 16 to June
14, every room must be heated to at least 68 degrees between
the hours of 7 a.m. and 11 p.m. and at least 64 degrees
between the hours of 11:01 p.m. and6:59 a.m., unless the
tenant is required to supply the fuel under a written lease
agreement. During the heating season, the maximum heat
allowable is 78 degrees.
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Fri Jul 8, 2011
Scott A. Nelson answered:
Gerard, Massachusetts is VERY different than Florida, basically take the rules of the other 42 states (Massachusetts is on of only a handfull) and throw them out the window. Here in MA it can easily take 6months to evict even the worst tenant. Very different rules to the landlord/tenant game here. Even contractual issues can be interpreted in the tenants favor here. It's funny the courts here kind of see all landlords as fat cats lighting cigars with $100 bills. In contrast, New Hampshire will put a family out in a snow bank on Christmas Day for non-payment.

Here in MA we're a pro-attorney state & only an attorney can give legal advice (it's strictly enforced too). That's why you'll see MA agents & brokers referring all questions of law to qualified attorneys.
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