False Claims to Board of Health

[MALandlord]

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

Long-Sorry

I inherited a tenant in the 2 family I just purchased. The tenant has had the run of the place and a very low rent for years. I allowed him to stay month-to month and did not raise his rent because I felt badly that he had wanted to buy the property but could not afford it, though I knew I would want to do some renovations in the near future. PLEASE learn from my mistake.

There has been many difficulties with this man, as he is quite grumpy towards me although I feel I have been more than fair with him. After a discussion about getting his roomates and himself on a M2M agreement and a request to move around some of his items stored (without permission and they should have been gone) in my basement. He actually unloaded a storage unit 2 days prior to closing into my basement. I have not badgered him though. He was very angry that I asked him to move stuff around so that I could put in extra support beams. Later that day, when his apartment above mine, was draining the washer, leaves came up through the drain of my tub and water filled both tub and toilet. When I asked him about it, he immediately went into the basement, said I had a blocked sewer pipe and the Board of Health would fine me. He stated he was not moving around his stuff as he was afraid for his health.

I called the Highway department and then the plumber-who came out to assess the situation. There was a small amount of leakage in the dirt. He came back first thing the next morning and cleaned out roots and leaves from my sewer pipe. I cleaned the area with bleach and lime-though there was minor seepage. I told the tenant same day that all was clear. He then called the Board of Health the following day, stated that I had not resolved the issue. When I got a call from them, I assured them it had been done 2 days prior and cleaned. They said, ok we will contact the tenant. The tenant again lied to them and said it was not resolved. They came out the following Monday and said no issue- looks good. I was really upset and did not understand what was going on and why he was lying, until someone told me about a retaliation law that assumes if you ask a tenant to leave or raise rent for six months after the Board of Health is called, it is immediately considered retaliation. Now I understand what he was doing and I am so worried and scared that this guy is going to pull more tricks. What do I do? I have to live here in my first home with a person who sabotaged my pipes and set me up. At first I could not figure out how the leaves got in there from the upstairs. I'm just ill over this. Please offer me some advice.

 

[Alaska landlord]

OP; Lawyers will often tell tenants to file complaints against a landlord with the intent of building up a case for retaliation. It doesn't matter that the conditions they are complaining about are non existent. You have to build a file with dates, time, complaint and solution if any. In addition, You have to do your part to exert that you are in charge here. Sent him a notice to empty his stuff out of the basement or you will empty it out for him. This will get nasty, but if you are ever to get control of the situation, you have to recognize that you are at war. One option to you have with the rent situation, is to raise everyones rent.

You may want to hire a good proactive property management company.

Buy the books "Section Eight Bible" volumes I,II, for hints on how to deal with problem tenants.

 

[MALandlord]

Hi Al-

Thanks for the response. Geez I feel at war and I don't like it. I have had a lawyer issue a letter to move his stuff. I also added a reminder that there is no smoking, which I know they have been doing in the apartment. He told me when I gave him a week, just the other day, to move his stuff, that he was feeling harassed.

Raising the rent within 6 months of calling the Board of Health is considered retaliation for a tenant exercising a legal right.

Are there any laws which protect me from intentional sabotage and fraudulent reports to the Board of Health? These laws are in place to protect tenants from serious health issues and slumlords, not to be abused by mean spirited selfish people.

Could I counter sue him if he took me to court for giving notice to quit? I hate that he is trying to intimidate me in my first home.....not so home sweet home.

 

[Alaska landlord]

Retaliation is difficult to prove, especially if you are not targeting a specific individual. If you feel that rent is too low, then raise it to appropriate levels(for all not just one person.) If the complaints are frivolous, they would be indicated in the report by the inspecting official. Keep meticulous records.
Install a hidden surveillance system in the basement or anywhere you feel he may have access to damage your property.

 

[BL]

There was no issues as per the inspection .

I don't see a Court ruling retaliation on this , as you had it rectified 2 days earlier .

If there had actually been an issue , then I think the Court would side with the tenant .

However if the tenants agreed in the M-M rental agreement , no smoking ,etc . , or if there were none payment of rent you could give notice .

Perhaps the tenant called because of the lingering sewage smell , and thought it wasn't in fact fixed .

 

[MALandlord]

Hi BL-

The tenant never returned the M2M nor anything else requested of him. There was no possible odor, all of the drainage came into my tub and toilet and I am below him. There was no odor in the basement either, everything was completely cleaned up. I also asked his room-mate if I could check the apartment after the call from the Board of Health on the 22nd, and there was no odor. He still called and complained again.

So you DO think I could give him notice? Or were you saying only if he did not pay rent. I am really worried about this guy, he has been grimacingly saying to me, when he sees me "It didn't have to be this way!" I am truly freaked out. I am a single Mom with a teenage daughter and I do not feel comfortable with him around here anymore. He has been so possessive over the property and loved his low rent. I could just kick myself for feeling badly about him being here for 4 years and not wanting to make waves with him. In retrospect, I realize I was worried that he would be vindictive if I asked him to leave. I was not taking care of myself. Now I am ready to take care of me & my daughter and I want him gone. I feel as though I want to risk going to court if he tries to sue me for retaliation-but I will be so upset if he ends up getting to live here for 3-4 months with no rent and the court making me keep him and his 4 other room-mates for a period of time. Could that happen? I will sell!

 

[BL]

Hi BL-

The tenant never returned the M2M nor anything else requested of him. There was no possible odor, all of the drainage came into my tub and toilet and I am below him. There was no odor in the basement either, everything was completely cleaned up. I also asked his room-mate if I could check the apartment after the call from the Board of Health on the 22nd, and there was no odor. He still called and complained again.

So you DO think I could give him notice? Or were you saying only if he did not pay rent. I am really worried about this guy, he has been grimacingly saying to me, when he sees me "It didn't have to be this way!" I am truly freaked out. I am a single Mom with a teenage daughter and I do not feel comfortable with him around here anymore. He has been so possessive over the property and loved his low rent. I could just kick myself for feeling badly about him being here for 4 years and not wanting to make waves with him. In retrospect, I realize I was worried that he would be vindictive if I asked him to leave. I was not taking care of myself. Now I am ready to take care of me & my daughter and I want him gone. I feel as though I want to risk going to court if he tries to sue me for retaliation-but I will be so upset if he ends up getting to live here for 3-4 months with no rent and the court making me keep him and his 4 other room-mates for a period of time. Could that happen? I will sell!

You should consult for a small fee an Attorney in Landlord / Tenant or Real Estate Law that practices and litigates these types of cases locally on a regular basis , as they would know how the local Judges generally rule on such cases.

 

[Alaska landlord]

Op;

Though they never returned the M2M agreement, they are automatically M2M. You need not worry about that. With every lease violation, issue a notice. Post it on their front door, and photograph it. Demand that they quit and that failure to do so may result in you filing for eviction. If they continue, then follow through with your warning. Keep records of all notices, violations, conversations, and phone calls. Keep away from verbal conversations, always keep it in writing so that you can have evidence should you need it. If he shows up at your apartment, try to have someone there that can witness the conversation. Lean your rights from your tenant landlord website so that you can get an edge as to your rights. You can win this with patience and a little cunning.

 

[MIRAKALES]

The issue of LL retaliation is irrelevant in this case since LL simply wants possession of premises in order to receive fair market rent for the property and to maintain the premises without tenant retaliation. Do not psychoanalyze the matter beyond what is relevant -- premise security and protection, and maintenance of property. The confirmation notices from the Board of Health and other licensed professionals will show immediate repair to the property or unconfirmed complaints.

In accordance with Massachusetts law, LL should issue a thirty-one (31) day Notice of Lease Termination for a month-to-month lease agreement. LL should issue a fourteen (14) day Notice to Cure for non-payment and other lease violations, including the unauthorized tenant storage in basement and damages caused to premises. When tenant fails to comply with notices then take the appropriate action to evict. Now, is the time to perform a Property Inspection (with photographs) to document the condition of the premises.
Contact an eviction attorney specialist on a fixed fee basis to minimize costs.

 

[MALandlord]

Mirakles,

Thanks-it sounds so sensible when you just spell it out like that and it feels fair instead of feeling very trapped and duped. Confidence is coming back.

I did get into the apartment 11 days after requesting to do an inspection. I finally gave 24 hour notice as he was trying to tell me not until perhaps the following week, and brought someone with me. Tenant would not allow pictures and would not sign the inspection list.
I will proceed, thanks.

 

[MIRAKALES]

There is no way that I can prove that there were leaves put down my pipes. It is becoming very clear that the right to call the Board of Health is highly protected for tenants in the local courts and judges are very liberal and often rule to maintain tenancy. The retaliation law is very protected.

In any event, 2 landlord attorneys have told me to just do it and fight him in court. Even if he wins he will have to leave in 6 months, with no eviction record and I will have to pay my lawyer, his lawyer, triple damages of rent to him. I just can not do it this way, I don't have that kind of money.

....how do I go about issuing these Notices to Cure, when the lawyers I talked to do not know what that is. Is that a Massachusetts notice and could you elaborate for me to be able to do this without a lawyer. I would rather have this evidence when I do end up going to court to evict him, chances are that I will have to pay less and I may get him out sooner.

In general, if a tenancy is oral or even if it is in writing, with the provision that either the landlord or tenant can terminate the relationship by giving a notice that is equal to the interval between the days of payment or thirty (30) days, whichever is longer, it is a tenancy at will. One can easily obtain this Notice to Quit from a legal stationery store, a constable, or a rental housing association.

Most Massachusetts evictions are brought for non-payment of rent. If a tenancy at will is being terminated for nonpayment of rent, the landlord must give a written fourteen (14) days Notice to Quit to the tenant. Again, one can easily obtain this notice from a legal stationery store, Rental Housing Association, or from a Constable. Do not utilize a fourteen (14) days notice to quit which is designed for a tenant under a lease, as there are distinct differences.

After the notice to quit has run its course, the landlord can now proceed to serve a Summary Process Summons and Complaint form upon the tenant. Only an authorized Massachusetts Constable or Sheriff can serve this process. The Summary Process Summons and Complaint form is first obtained from the court. The Constable or Sheriff generally will assist the landlord in helping to fill out the Complaint form.

• Hire an eviction attorney specialist with a flat rate fee, if unfamiliar with the Massachusetts eviction process (or first time eviction).
  
  • The Board of Health should be able to provide written state guidelines and procedures for health maintenance and correction matters.
  • The Notice to Cure a Default would not be considered an issue of retaliation if tenants’ defaults are provable.
  • LL should issue a bill statement to tenant for all damages that are attributed to tenants' abuse or misuse of premises.
  Habitability Rights: The State Sanitary Code protects the health, safety and well-being of tenants and the general public. The local Boards of Health enforce the code. (Note: In Boston, it is the Housing Inspection Department.) Copies of the Code may be purchased from the State House Bookstore, State House, Room 116, Boston, MA 02133 (617)727-2834.