Landlord/use of middleman for communication and role in court case.

[revengeismine81]

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

If a landlord uses a middleman (ie: property manager/maintenance) to relay ALL communication and legalities (signing lease, handing keys, etc) between both parties (the landlord and tenant/s) and the landlord only shows up to collect the money, when a situation arises where court needs to be involved against the landlord (ie: the rental unit is inhabitable on move in day-due to unsanitary and unhygienic reasons and landlord does not rectify issues-do the tenant/s (as plaintiff/s) need to name the middleman as a defendant/co-defendant as well?

 

[racer72]

Depends on what the case is about. Need more info.

 

[revengeismine81]

Let's say on move in day (the 1st), the rental unit is unlivable (due to unsanitary and unhygienic reasons-mouse feces, obstructed emergency exit, old tenants trash and possessions still in unit, grease covering the surface of entire kitchen, etc).

The middleman tells tenant/s that he will make sure everything is resolved by the 2nd of month and states landlord will refund first and last month if unit is not acceptable. The issues are not resolved by the 2nd and tenant/s do not find the resolution acceptable.

Landlord returns last month's check but middleman states landlord will return only a part of first month's check (deducting half month due to rerenting August 15th and $250 for painting a bedroom a neutral color).

 

[Zigner]

Did you repaint a bedroom?

 

[revengeismine81]

Did you repaint a bedroom?

No. Tenant/s did not. Room was bright pink from previous tenants. New tenant/s (prior to move in) questioned the color of room. Middleman said it would be painted.

I assume the rooms should be painted a neutral color prior to new tenant/s moving in regardless.

 

[PaulMass]

The landlord is the proper defendant. The middleman was acting as an agent of the landlord. You can also name the agent as a co-defendant, but the landlord would likely indemnify the agent.

I don't envision a Massachusetts Housing Court siding with a landlord who did not provide housing.

 

[revengeismine81]

Now, for court proceedings...what is the proper court to file at...the town court where the apartment is (Newton) or Massachusetts housing court (Lowell/Marlborough)?

 

[FarmerJ]

by chance do you have pictures showing the condition of the unit before you moved in ? ( if it was me Id name both of them when suing for full refund since one represented the other and let the court decide if the property manager is off the hook or not) even though the PM is not the owner this way the PM can tell the court the unit was in move in shape (especially if you took pics )

 

[revengeismine81]

There is photo evidence, as well as written evidence (text messages) and witnesses.

 

[STEPHAN]

Don't count on the text messages. They can easily be faked; therefore they are usually not used in court.

 

[PaulMass]

Now, for court proceedings...what is the proper court to file at...the town court where the apartment is (Newton) or Massachusetts housing court (Lowell/Marlborough)?

Call the Civil Clerk's office in the Newton District Court and ask. I didn't see Newton listed in the Lowell or Marlborough Housing Court websites.

You should google Chapter 93A and write a demand letter with the proper language.