MAlandlordissue
Junior Member
What is the name of your state (only U.S. law)? Massachusetts.
Hi, so I'm a university student in MA. I rented an apartment with a friend for a year lease, starting in June 2014. The problem I've been having is noise issues. It's NOT the neighbors who are loud - instead, there is an adjacent apartment that has ventilation/pipes (not exactly sure what) that is right outside my room and it causes a lot of noise. The noise is loud enough that I cannot sleep or study in my room. I've informed my landlord about this issue around the end of October 2014, and I've brought it up several time since, but the problem has not been addressed. (I've been sleeping in the living room and studying in the library instead.)
The main issue of contention is regarding the rent payment. I told the landlord that I would only pay 75% of the rent given the noise issue. He agreed, but here it gets a bit more complicated. I had initially paid 6 months of rent, upfront, when I first moved in. I told him I would retroactively count some of those months in the reduction of rent, starting in November (since I informed the landlord about the issue in late October). He disagreed, and we have been in a sort of standoff since. He's threatened me with eviction, but he hasn't done anything. Meanwhile, I've been extremely busy with my schoolwork so I haven't had the time to consult legal advice.
Anyway, so my lease is expiring in less than 2 months. He wants me to pay a remaining $500, which does not take into account the retroactive reduction as I've asked for. I only plan to pay him $250, which takes into account the reductions from November. Is this something I can win or defend myself in court? Or should I just fold and pay him the $500?
Another question. I am also considering moving out a month early to avoid paying the last month's rent. Am I allowed to do so? I am assuming that I have the right to move out/terminate the lease given the unaddressed noise issues.
Hi, so I'm a university student in MA. I rented an apartment with a friend for a year lease, starting in June 2014. The problem I've been having is noise issues. It's NOT the neighbors who are loud - instead, there is an adjacent apartment that has ventilation/pipes (not exactly sure what) that is right outside my room and it causes a lot of noise. The noise is loud enough that I cannot sleep or study in my room. I've informed my landlord about this issue around the end of October 2014, and I've brought it up several time since, but the problem has not been addressed. (I've been sleeping in the living room and studying in the library instead.)
The main issue of contention is regarding the rent payment. I told the landlord that I would only pay 75% of the rent given the noise issue. He agreed, but here it gets a bit more complicated. I had initially paid 6 months of rent, upfront, when I first moved in. I told him I would retroactively count some of those months in the reduction of rent, starting in November (since I informed the landlord about the issue in late October). He disagreed, and we have been in a sort of standoff since. He's threatened me with eviction, but he hasn't done anything. Meanwhile, I've been extremely busy with my schoolwork so I haven't had the time to consult legal advice.
Anyway, so my lease is expiring in less than 2 months. He wants me to pay a remaining $500, which does not take into account the retroactive reduction as I've asked for. I only plan to pay him $250, which takes into account the reductions from November. Is this something I can win or defend myself in court? Or should I just fold and pay him the $500?
Another question. I am also considering moving out a month early to avoid paying the last month's rent. Am I allowed to do so? I am assuming that I have the right to move out/terminate the lease given the unaddressed noise issues.