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LoKo

Member
What is the name of your state? Massachusetts

I have been having problems with my landlord and there are things wrong with my apatrtment but she has not fixed them. She was given a notice on 9-12-04 consisting of the 9 MAJOR problems that needed to be fixed. She did not fix them. In the letter I said legal action would be taken if they were not fixed...I did'nt take any action because they said they would be fixed. He only compled with 2 of the 9 items on the list. The problems I am having now ARE backed by Massachusetts Laws and there are many Health Violations. One problem is that in my bathroom a pipe leaks under my sink and runs everything that is put under there. Another one is there was a dishwasher installed in the apartment BEFORE it was rented. It was discovered a month or two later that the dishwasher was hooked up to the Cold water line (under Massachusetts State Sanitary Code, Chapter 11 410.351(B) it states "All owner-installed optional equipment, including but not limited to, refrigerators, dishwashers...). Also my front door leading outside is not properly weathertight, The gap is double the limit of the sanitary code and there is also not a safe supply of water (there are rocks in my water). There are also hot water issues and such, here is a summay of what is being violated:

105 CMR 410.190
105 CMR 410.351
105 CMR 410.501
105 CMR 410.503
105 CMR 410.750

This is a lease agreement by the way.

I was served with a notice approximately 20 min. before this post and it says:

"Dear Mrs. XXXXX,

Notice is hereby given to you under the provisions of Chapter 186 , section 12 of the Massachuseets General Laws, and those claiming under you to deliver up and quit the premises you presently hold as the tenant of XXXX XXX (landlord) at the above address known and numbered as 220 Broadway, Arlington, MA. consisting of rooms and appurtenances there belonging, 14 days after the receipt of this notice due to nonpayment of rent. As per the lease you signed, your rent is due on the first day of each month. Failing such vacating, legal action shall be commenced to evict you.

You are further notified, in any event that your tenancy is hereby terminated as of:
December 19, 2004

Any monies tendered by the tenant and accepted by the landlord or its agent after the recieptof this notice will be accepted for the use and occupancy only and not as rent and without in any way waiving any rights inder this notice to quit and termination notice. The landlord reserves the right to accept such monies without establishing any new tenancy. You will in any event be responsible for the use and occupancy charges for the time you occupy the premises.

You are hereby notified to produce at trial of any subsequent summary process action of any continuance thereof, the original of this notice and any other written evidence relevant to this matter.

FAILURE TO RESPOND TO THIS NOTICE SHALL RESULT IN DUE PROCESS OF LAW FOR EVICTIONAND COLLECTIONOF AMOUNTS DUE TO BE COMMENCED AND FOR OTHER REMEDIED AVAILABLE TO LANDLORD FOR WHIHCH YOU WILL BE RESPONSIBLE FOR COSTS AND ATTORNEY FEES.

Sincerely,
(Her Signature)
(Her Name)"



What is this notice? and what does it mean? I have an idea of what it means but im not 100% sure. Also what can I do about these violaions and such. If any more info is needed please ask for it and I will provide you with it.

Greatly Appreciated,
Logan F.
 


HomeGuru

Senior Member
LoKo said:
What is the name of your state? Massachusetts

I have been having problems with my landlord and there are things wrong with my apatrtment but she has not fixed them. She was given a notice on 9-12-04 consisting of the 9 MAJOR problems that needed to be fixed. She did not fix them. In the letter I said legal action would be taken if they were not fixed...I did'nt take any action because they said they would be fixed. He only compled with 2 of the 9 items on the list. The problems I am having now ARE backed by Massachusetts Laws and there are many Health Violations. One problem is that in my bathroom a pipe leaks under my sink and runs everything that is put under there. Another one is there was a dishwasher installed in the apartment BEFORE it was rented. It was discovered a month or two later that the dishwasher was hooked up to the Cold water line (under Massachusetts State Sanitary Code, Chapter 11 410.351(B) it states "All owner-installed optional equipment, including but not limited to, refrigerators, dishwashers...). Also my front door leading outside is not properly weathertight, The gap is double the limit of the sanitary code and there is also not a safe supply of water (there are rocks in my water). There are also hot water issues and such, here is a summay of what is being violated:

105 CMR 410.190
105 CMR 410.351
105 CMR 410.501
105 CMR 410.503
105 CMR 410.750

This is a lease agreement by the way.

I was served with a notice approximately 20 min. before this post and it says:

"Dear Mrs. XXXXX,

Notice is hereby given to you under the provisions of Chapter 186 , section 12 of the Massachuseets General Laws, and those claiming under you to deliver up and quit the premises you presently hold as the tenant of XXXX XXX (landlord) at the above address known and numbered as 220 Broadway, Arlington, MA. consisting of rooms and appurtenances there belonging, 14 days after the receipt of this notice due to nonpayment of rent. As per the lease you signed, your rent is due on the first day of each month. Failing such vacating, legal action shall be commenced to evict you.

You are further notified, in any event that your tenancy is hereby terminated as of:
December 19, 2004

Any monies tendered by the tenant and accepted by the landlord or its agent after the recieptof this notice will be accepted for the use and occupancy only and not as rent and without in any way waiving any rights inder this notice to quit and termination notice. The landlord reserves the right to accept such monies without establishing any new tenancy. You will in any event be responsible for the use and occupancy charges for the time you occupy the premises.

You are hereby notified to produce at trial of any subsequent summary process action of any continuance thereof, the original of this notice and any other written evidence relevant to this matter.

FAILURE TO RESPOND TO THIS NOTICE SHALL RESULT IN DUE PROCESS OF LAW FOR EVICTIONAND COLLECTIONOF AMOUNTS DUE TO BE COMMENCED AND FOR OTHER REMEDIED AVAILABLE TO LANDLORD FOR WHIHCH YOU WILL BE RESPONSIBLE FOR COSTS AND ATTORNEY FEES.

Sincerely,
(Her Signature)
(Her Name)"



What is this notice? and what does it mean? I have an idea of what it means but im not 100% sure. Also what can I do about these violaions and such. If any more info is needed please ask for it and I will provide you with it.

Greatly Appreciated,
Logan F.
**A: that is your official eviction notice for nonpayment of rent.
You have a case of a retaliation eviction provided your notice to L with respect to the repairs were written correctly and followed the L/T law. Seek legal counsel immediately.
 

LoKo

Member
So call a lawyer on Monday? how can they evict me just like that? under Massachusetts Law after reciveing a Quit notice you have 10 days to pay the rent and then if you do not pay within 10 days of recieving the notice the landlord can legally sue you. And I thought an eviction notice had to go through the courts?
 
Last edited:

HomeGuru

Senior Member
LoKo said:
So call a lawyer on Monday? how can they evict me just like that? under Massachusetts Law after reciveing a Quit notice you have 10 days to pay the rent and then if you do not pay within 10 days of recieving the notice the landlord can legally sue you. And I thought an eviction notice had to go through the courts?
**A: a legal forced eviction does have to go through the courts.
 

BL

Senior Member
If you know there are code violations call the Code inspector, and if he/she finds any significant code violations they will make a report. Hopefully the report will be ready and you can get a copy by the court date.

Take both your rent and copy of the report, or a date the inspector is comming, and a copy of the letter of violations you gave the LL with you .
 
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LoKo

Member
Thank You for your reply's everyone. I have about three locals helping me now though, I have put the money in an account labeled "Escrow for Rent" which I opened today at a Citizens Bank. I have a truince officer, a guidance counselor and a teacher working with me and my son to try to resolve this issue. The teacher who my son talks to sometimes, has offered that if the school can not help us in anyway he would personally help in finding a a Lawyer. The teacher is a great teacher and knows how hard this is because he has gone through the same thing. I hope that I can stay at my current residence until my son is out of school and finishes up his school year. Thank you guys and girls so much for your help.

Thank You,
Logan F.
 

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