W
Wei Wang
Guest
What is the name of your state? MA
We terminate a tenancy-at-will lease on 7/1 to allow moving out by 9/1/02. We also offered in the same letter that if the tenant so to choose to stay, the new rent will be 17% higher and commence on 8/1/02. We demand a written reply by 7/15/02 to notify if she is moving or stay. Since 12/98, her first rent increase was in 8/2000 for $35, the 2nd was in 8/2001 for $50. This newly proposed rent is still way below the market value.
Upon receiving our letter of termination, she went to city and complained about inadequency of apartment condition. She never spoke to us on any repairing need. She told us she did so because she is angry about the rent increase.
We received a long list of items to be fixed from the city inspector
who apparently is on her side. Many items on the list are rediculeously minor. But there are a few very serious things: removal of asbestos and delead.
A little history about the tenant:
She had only two teenager children when she moved in 1998. Her man was kicked out by her for about 2 years. He returned in 2000 shortly befor jailed (illegal identification) for 6 months. She borned a 3rd child in early 2001 while he was still in jail. This baby is the cause of delead trouble. She is unemplyeed since mid-June and just recently, baby's father is kicked out again. I am afraid she is on unemployment alone, without the man's imcome.
Here are my questions:
1. Since the termination isn't a case of "retaliatory eviction" at all, and we haven't received any reply from her about her decision of leave or stay yet, what right do we have to deal with her while we are working on the fixing list full force? We like to see her go even we have to go to court if the termination is in effect by law.
What the law says when she is not giving us reply by a certain time? Either that time is request by us or by law.
Does she has right to stay after she filed complaint after she got the rent increase notice?
If she is ordered to move by court/ by law, I suppose she will drag to stay a few more months. During the extended period, does she still have to pay the rent? which rent? new/old?
She has paid all her rent on time in the past. Other than that,
she is a difficult person with bad manners.
2. Asbestos is in almost all the old houses. Noone really need to access this basement other than replacing fuses. The asbestos is on an old furnace which had not been used after gas conversion a few years ago. The law says when building is renovated or demolished, asbestos must be taken cared.
Would switching to a different fuel considered renovation?
Since the house is a 2-family non-owner occupied building,
would it be considered a public building and must follow public building asbestos law?
3. Does Massechusette impose limit on annual rental increase in term of % in no rent-control town/city? As far as I know, there isn't any city/town is under rent-control now. I would be surprised if the state imposes an overall general rent increase limit.
Thanks for sharing your legal knowledge.
We terminate a tenancy-at-will lease on 7/1 to allow moving out by 9/1/02. We also offered in the same letter that if the tenant so to choose to stay, the new rent will be 17% higher and commence on 8/1/02. We demand a written reply by 7/15/02 to notify if she is moving or stay. Since 12/98, her first rent increase was in 8/2000 for $35, the 2nd was in 8/2001 for $50. This newly proposed rent is still way below the market value.
Upon receiving our letter of termination, she went to city and complained about inadequency of apartment condition. She never spoke to us on any repairing need. She told us she did so because she is angry about the rent increase.
We received a long list of items to be fixed from the city inspector
who apparently is on her side. Many items on the list are rediculeously minor. But there are a few very serious things: removal of asbestos and delead.
A little history about the tenant:
She had only two teenager children when she moved in 1998. Her man was kicked out by her for about 2 years. He returned in 2000 shortly befor jailed (illegal identification) for 6 months. She borned a 3rd child in early 2001 while he was still in jail. This baby is the cause of delead trouble. She is unemplyeed since mid-June and just recently, baby's father is kicked out again. I am afraid she is on unemployment alone, without the man's imcome.
Here are my questions:
1. Since the termination isn't a case of "retaliatory eviction" at all, and we haven't received any reply from her about her decision of leave or stay yet, what right do we have to deal with her while we are working on the fixing list full force? We like to see her go even we have to go to court if the termination is in effect by law.
What the law says when she is not giving us reply by a certain time? Either that time is request by us or by law.
Does she has right to stay after she filed complaint after she got the rent increase notice?
If she is ordered to move by court/ by law, I suppose she will drag to stay a few more months. During the extended period, does she still have to pay the rent? which rent? new/old?
She has paid all her rent on time in the past. Other than that,
she is a difficult person with bad manners.
2. Asbestos is in almost all the old houses. Noone really need to access this basement other than replacing fuses. The asbestos is on an old furnace which had not been used after gas conversion a few years ago. The law says when building is renovated or demolished, asbestos must be taken cared.
Would switching to a different fuel considered renovation?
Since the house is a 2-family non-owner occupied building,
would it be considered a public building and must follow public building asbestos law?
3. Does Massechusette impose limit on annual rental increase in term of % in no rent-control town/city? As far as I know, there isn't any city/town is under rent-control now. I would be surprised if the state imposes an overall general rent increase limit.
Thanks for sharing your legal knowledge.