Legal Question in Landlord & Tenant Law in Massachusetts

Do we need a laweyr?

After the emergency situation, when the heater broke down in the apartment (this is the apartment building) our tenants whithhold the monthly rent and try to extort more money for distress,''moving expenses to heated environment'', etc. We allowed them to live in the hotel, heater was repared within 5 days. They accused us that we didn't answer right away their phone calls (though we brought space heaters right away). We found contractors on the next day. It took some time to fix the problem. (but it was not our fault). They sent us a big letter in which they describe the situation ''frivoulsly'' and speak about some other concerns about which we never heard before. Their rent is on the special account, but they refuse to pay it unless all their concerns are answered. We don't want to spoil relationship with them, but evidently the humane approach doesn't work. Should we get a lawyer? Can we solve this problem peacefully? Thanks.


Asked on 2/03/05, 3:04 pm

2 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Do we need a laweyr?

Perhaps you should retain an attorney to review the situation and your tenants' long letter. They may be setting you up to claim consumer protection violations that would entitle them to recover triple damages and attorney's fees against you. Better that you be forewarned. Good Luck!

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Answered on 2/11/05, 12:01 pm
James M. Sears, Esq., LLM Tax James M. Sears Attorney at Law

Re: Do we need a laweyr?

Check with your homeowner's insurance, they may cover the problem and allow for a peaceful resolution. If not, we would be happy to assist you in evicting your tenants.

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Answered on 2/03/05, 4:48 pm


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