Legal Question in Real Estate Law in Massachusetts

I live in an apt. complex. Rent is over $1100 per month. We got new neighbors last month. They continuously smoke marijuana.

I paid December rent in full but had to move out in late December because the smell was very bad. I have a 3 year old daughter and am a teacher who cannot go to school smelling like marijuana. The smell was in the hallway (common area) as well as in my apt.

They have released me from my lease without penalty but refuse to return my last months (January) rent.

I feel as though they should return it because I am unable to live there with my 3 year old daughter.

While living there I complained several times and called the police two times (after being told to do so by the landlord). The landlord spoke with the police and verified that yes, marijuana was being smoked. The landlords spoke to new tenants and sent a letter, but they are still smoking (I went there to pack up a few days ago and smelled it strongly in my apt.).

I am unable to live there, are they still able to keep my last months rent?

I have found a new place and will be taking all of my things by January 29th so I do not feel as though I have taken advantage. I feel like I am being evicted yet I've done nothing wrong.


Asked on 1/12/10, 9:11 am

2 Answers from Attorneys

They can asset the claim, but since they did not take sufficient action to correct the problem and they are allowing persons to continue to use the premises for an illegal activity they should not invoke the claim.

Good Luck.

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Answered on 1/17/10, 12:26 pm
Jonas Jacobson Law Offices of Jonas Jacobson

If they assert a claim for your last month's rent, you can counterclaim. To an extent, the landlord can be held responsible for the actions of the other tenants. You will need evidence of the marijuana smoking, et cetera. There may be some complexity to this case, because you appear to have to prove a variety of things. You can feel free to contact me.

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Answered on 1/17/10, 1:10 pm


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