Legal Question in Real Estate Law in Massachusetts
Landlord misrepresented apartment
I have lived in an (moderately-subsidized) apartment complex for 4 years. I recently moved to a smaller apartment. I requested vinyl floor for my son's & my own bedroom due to asthma. My request was denied because they told me they just put down new carpet. My son and I were very sick for 2 mos. since living there and just found out that they lied and the carpet was old and left over from someone who had a pet which is why we have been sick. Now while they put the tile down, I've been living with friends.
Is there any recourse for what they did? Do I have to pay rent for the time I am out of the apartment?
Thank you!
1 Answer from Attorneys
Re: Landlord misrepresented apartment
Yes, there is recourse; you could sue them and get an award of damages. You would be best off if you had rock-solid evidence that you requested a tiled room because of asthma problems, that there had been a pet before, and that they told you it was new. Good luck getting that evidence if they try to deny any of it! (Your testimony about what they said and what you said is admissible but not as convincing without additional support.)
I'm not certain, but I don't think you owe rent for the time you are out of the apartment. Ask (or tell!) them and see if they try to kick you out for non-payment, and if you are always on time with the rent, you can pay it to avoid confrontation. But see a lawyer first before you start withholding this rent and possibly causing a problem. Also see a lawyer about suing for what you and your child had to go through. It sounds like a pretty good case for a lawyer to take.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
