Legal Question in Landlord & Tenant Law in Massachusetts

I moved into a new apartment on Friday October 1st, I woke up the next morning covered in bites. I thought they were spider or mosquito bites. The next morning, I woke up with SEVERAL more. I have a seven month old son, so I decided to go to urgent care to have the bites identified; turns out they're bed bug bites. Of course i lost my mind, called the lanlord, and he had an exterminator there the next day. I returned to my pesticide drenched apartment (now nervous that the pestisides would harm my son). The next morning, I realized i was still being bit. THe tenants next door also informed me that the people who live in my apartment previously had been bit for 2 years by "unidentified bugs". And had treated for what they thought were fleas severeal times.

I packed up everything (after having JUST unpacked it all, and put it in storage). I threw away my furniture, matress and boxspring even though i was told it was not necessary, i was not willing to take any chances. I am going to stay with family until i can find another apartment, but i am TERRIFIED i will infest theyre house as well. I have taken every precaution possible (washed ALL linens in hot water and dried them, threw away items i dont need)

I hadnt gotten around to meeting with my lanlord to sign the lease (thank God!) So i called and informed him that i would be leaving (he told me he was going to suggest that anyways), and that i expected my first, last and security back considering i had only slept there 2 night. I also asked to be reimbursed for the hotel i paid for, and the six hundred dollars in laundry and dry cleaning I spent. He refused, told me i was crazy. He eventually, after a long heated argument and many phone calls, agreed to return the first, last and security. But refuses to reimburse me for anything else.

Do I have any legal recourse here??

I would like to be reimbursed for all laundry expenses, and the hotel mainly... but if he continues to be difficult i will demand repayment for the bed, furniture, shoes and clothing as well. Not to mention i had to take a week off of work because my babysitter would not come to my bug infested house to watch my son.

I am traumatised, I can no longer sleep. My body is scarred. And I am virtually homeless. This nightmare is never ending... Please help.


Asked on 10/11/10, 11:17 am

1 Answer from Attorneys
Donald Drouin Law Office of Donald Drouin

Unfortunately no. You never signed the lease with its terms and conditions that are enforceable in this state. It’s as if you are a guest at someone’s home. Not what you want to hear but unless you’re willing to spend $20,000 dollars to go the distance with a civil suit, which can really get messy, my suggestion is leave and don’t look back. Learn from your mistake, ALAWYS sign the lease first and read the ENTIRE contents of the document to assure you are protected. I wish I could give you better news. I am sorry.

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Answered on 11/06/10, 4:31 am


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