Illegal apartment/sewage flood

[Tina Roberts]

What is the name of your state? Massachusetts

 

[Tina Roberts]

sewage flooding

is anyone available?

 

[Tina Roberts]

I am living in a horrific situation and I need some answers but I am a full-yime student and cannot afford an attorney

What is the name of your state? Massachusetts

 

[FarmerJ]

Tina Try to post just abit more information about the problem.

 

[Tina Roberts]

sewage flooding

Heres the shortest version I can give. I moved into an apt in Feb. since moving in the apt has flooded 6 times. I suspected it was sewage the first time and the landlord lied and said it was overflow from someone using a washing machine. The second time it flooded I knew it was sewage as I could see it floating. The landlord is CapE Verdean and I am American he has called me a "stupid American" and a "f***ing Retard on several occasions, after the last one I called the Board of Health and they inspected, finding several violations(mainly the sewage problem) they told me to withhold rent and look for a new place. Since calling them he now is evicting me for non-payment.

 

[HuAi]

Your landlord's and yours ethnicities dont have anythign to do with the case. Stick to the health violation.

According to Massachusetts General Laws, Chapter 239, §8A, what you are doing is legal, although you should notify your landlord in writing of your intent to withhold rent until violations are fixed. Your defense in court will be that "there are material code violations present in the apartment, not caused by you or anyone under your control, and that the landlord knows about these material code violations before you started to withhold your rent."


It is against the law for the landlord to retaliate by raising the rent or evicting the tenant for reporting violations to the authorities within six months of request. This is known as retaliatory eviction. When you receive the summons from the court, you have to submit an answer. In this answer you can counterclaim against the landlord for retaliatory eviction. I don't know what monetary penalty if any will be granted by the judge if you win, maybe someone else can advise on that.

 

[Tina Roberts]

Ethicity

I believe it does have something to do with it because he is constantly bringing up the fact that I am a "f***ing American" and that I am stupid....

 

[Tina Roberts]

sewage flooding

I believe it does have something to do with it as these are discriminatory comments. I have been through Hell with this place in the three short months that i have been there.

 

[FarmerJ]

Tina set aside the nonsense comments from your LL , Get from the health dept agent who was at your unit a copy the report they should have done. If they didnt ask them to write a short term condemn notice ( notice that says no one can live there until plumbing problem is resolved AND LL to hire a crew to come in and clean the unit INC any set proceedure for sewage cleanups ) Once you have that in hand it will be alot easier to move if you have to , WHY because the courts will honor what another governmental agency has found, If the agency only wrote a repair order and refuses to write a condemn then get a copy of the repair order and if the LL has not complied by the time line they gave insist they come back and condemn. ( make sure you get copy of that too) then even if your LL takes you to court the LL will have to explain his/ her actions to a judge. Tina when all is said and done please post the results.

 

[Tina Roberts]

Sewer flood

Thank you Farmer J for your s and other responders. The B.O.H will not condemn as I plan to move out on June 1st (God willing) and the landlord has promised the B.O.H. that he will no longer rent the unit. Also the B.O.H. told him that the apt, is illegal as the building is zoned only for 3 not 4 apts. The B.O.H. has been extremely supportive as the apt. flooded steady for 3 days in a row last week (I of course have had to find other living arrangements until I move on the first. He was notified of the flood and refused to clean it until the Asst. Exec. Dir. of the B.O.H. came and watched him clean it for 2 hours.This is honestly an absolutely repulsive and nightmarish situation

 

[Tina Roberts]

sewage flooding

The B.O.H. also informed him that all of my furniture in the living room and kitchen are contaminated and ruined. What am i entitled to? There are so many issues the ones i have posted are just the major ones....

 

[lauras2u]

It seems clear to me, not a lawyer, that your landlord is negligent and therefore resposible for the damages.

But I am sure that you will have to sue him for the cost of his negligence and for the security deposit.

Take lots of pictures of the ruined things to support your claims.

Small claims is easy...and fairly satisfying too. Make sure you get your state laws. Here is a bit of it:
___________________________________________________________________
And if the landlord fails...

to deposit the security deposit into a bank account;
to return the security deposit (or balance after lawful deductions) with interest within 30 days after termination of tenancy; or
to transfer the security deposit or last month’s rent to the new landlord;
... you are entitled to the immediate return of your security deposit AND triple damages, plus court costs, and reasonable attorney’s fees. You also are entitled to triple damages, court costs, and reasonable attorney’s fees if the landlord fails to pay interest on the last month’s rent within 30 days after termination of tenancy.
_______________________________________________________________________

The hardest part of filing small claims can be affixing a dollar value on what is owed to you. Be reasonable on the value of furnacings lost. If you purchased them new, then they should have almost the value you paid, otherwise you can assign thrift store value to them.

He can be liable for punative damages due to neglect of the repairs....not sure about this.

You were forced to move because the apartment was uninhabitable, he is probibly resposible for moving expenses (but not deposit to new landlord).

if you must sue for deposit...be sure to sue of the additional amounts owed should he have violated the laws of the state.