What are our rights as tenants?

[mau99]

What is the name of your state (only U.S. law)?

 

[justalayman]

apparently the disappearing post has struck this poster. They have another thread here with actual information:


https://forum.freeadvice.com/landlord-tenant-issues-42/what-our-rights-tenants-593746.html

 

[mau99]

What is the name of your state (only U.S. law)? Massachusetts


(Thank you just a layman)

My husband and I have rented an apartment for 6 years. We are now looking to buy a house out of state. For the

past 6 years the landlord would call 2 months before the lease was up and ask if we were planning on staying and

to tell us the rent was going up, and to sign a new lease. This year they did not, because a bank we applied to for a mortgage,

contacted them to verify the rent we reported. So they knew we were trying to buy a house. In the leases, they asked for 45

days notice, but then verbally asked if we could give them 60 days notice when we decided to leave.

We got a uhaul truck, just to put some things in storage; a neighbor must have called them, because they immediately (the

same day) called to tell us the rent was going up. My husband explained we were looking for a house, and so would

like to rent month to month. They said in that case, the rent would go up a lot more. My husband said that that

made no sense, and then they came back with the rent going up, and that we have to give them 3 months notice

when we leave, so they can show the apartment to potential tenants. Does anyone know our rights?

(When looking at the apartment before moving in, because of a nightmare experience with trains waking us up

all night in another town we had lived, I asked if there were trains, and said why I was asking, and the landlord said

that they softly blow the horn, so noise would not be a problem. After moving in, we discovered that the landlord

lied; the trains sometimes go by every hour, all night long, and blow the horn VERY loudly, so I do not trust the landlord.

Also the apartment was built in 1984 and NOTHING has been updated. The windows were painted shut so that the wind

wouldn't blow through, and most everything was mickey moused, and the plumbing is falling apart, breaking down, the

faucets in every bathroom leak; the dishwasher leaks; the oven door fell off) and we pay $1600 a month.

Any advice would be appreciated.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Massachusetts


(Thank you just a layman)

My husband and I have rented an apartment for 6 years. We are now looking to buy a house out of state. For the

past 6 years the landlord would call 2 months before the lease was up and ask if we were planning on staying and

to tell us the rent was going up, and to sign a new lease. This year they did not, because a bank we applied to for a mortgage,

contacted them to verify the rent we reported. So they knew we were trying to buy a house. In the leases, they asked for 45

days notice, but then verbally asked if we could give them 60 days notice when we decided to leave.

We got a uhaul truck, just to put some things in storage; a neighbor must have called them, because they immediately (the

same day) called to tell us the rent was going up. My husband explained we were looking for a house, and so would

like to rent month to month. They said in that case, the rent would go up a lot more. My husband said that that

made no sense, and then they came back with the rent going up, and that we have to give them 3 months notice

when we leave, so they can show the apartment to potential tenants. Does anyone know our rights?

(When looking at the apartment before moving in, because of a nightmare experience with trains waking us up

all night in another town we had lived, I asked if there were trains, and said why I was asking, and the landlord said

that they softly blow the horn, so noise would not be a problem. After moving in, we discovered that the landlord

lied; the trains sometimes go by every hour, all night long, and blow the horn VERY loudly, so I do not trust the landlord.

Also the apartment was built in 1984 and NOTHING has been updated. The windows were painted shut so that the wind

wouldn't blow through, and most everything was mickey moused, and the plumbing is falling apart, breaking down, the

faucets in every bathroom leak; the dishwasher leaks; the oven door fell off) and we pay $1600 a month.

Any advice would be appreciated.

While you are under the current lease, you have the right to pay the rent you are currently paying and not a penny more.

As long as the LL provides sufficient written notice of an increase, if you choose to remain as a month-to-month tenant after the current lease term expires, you have the right to accept the increase and continue as a month-to-month tenant until you find that house.

If your current lease says you must give 45 days notice prior to terminating your tenancy, then you don't have to give one day more than that. If the LL doesn't provide you with a change of terms to increase the notice period to 90 days on account of you moving out to buy a house, then the notice period as indicated on the lease will apply. ANY changes to the lease terms - either a rent increase or change in notice requirements - should be IN WRITING.

Generally, the LL is entitled to increase the rent to allow for inflation and increases in costs. That amount usually is higher for a month-to-month tenancy because neither party is guaranteed a specific amount of time they will continuing the tenancy. LOWER rent is usually a bonus for staying for a fixed period of time.

You had the right to inspect the property fully before agreeing to rent. I'm sure that if you had done so at different times, you would have been able to find out about the train whistles for yourself. Perhaps for the LL, they are soft, but your hearing may be more sensitive.

The LL is required to maintain the property in a safe and habitable condition. He is NOT required to update or upgrade outdated equipment or appliances. If they still work, there's no need to do so. You also have the right to electrical and plumbing systems kept in good working order, and maintained according to state/local code. If they don't, then you have the right to ask for them to be repaired or replaced.