Inspectional

Bad Tenant Woes in Boston, MA?

Boston Apr -Nov 2009. Tenants move in April. In July the tenants call inspectional services (never tell me, the landlord, of any issues with the unit). I received inspection report saying -the dryer vent disconnected and there is now mold in same area. The 1st day I receive the inspection report, I had the dryer repaired. 2 days after I get the Environmental Health (EHO) report, I try to expedite the remediation plan approval so that the work could be done ASAP (Start of Sept ). The Tenant delays EHO approval of plan, requests time to do environmental test, Starts withholding rent and says to expect a call from her lawyer. End September, I get a demand letter claim: $5.5k prop. damage + $500 medical + return of security and last + forgive rent withheld. Justification: constructive eviction. At Beginning of Oct , EHO approves original plan, I get to work on arrangements - tenant notified of 2nd attempt for remediation. She denies access and threatens to file an injunction. She provides a very questionable medical report for her 6-yr old son and says it’d be worse to do the work than to let the mold sit and now her lawyer threatens with lengthy eviction process or pay to settle. The tenant is responsible for conditions of unit, she’s trying to commit fraud, she provides selective pieces of info to lawyer, Section 8, Medical Clinic. Now a neighbor is offering to lie and say I knew (or should have known about) a mold –a 100% lie. I want to re-gain possession of my property; I want to minimize my financial loss and try to get back whatever I can. I’ve read Massachusetts case law, books on land lording, read horror stories on the internet….. It seems like there is a case her for breach of contract, fraud, liable/slander… I’m looking for even creative uses of the law to find some legal remedy! Any suggestions?

Public Comments

1. First let me just say ... WOW. This is almost unbelievable. I think the bottom line is that you are being bullied by the lawyer and therefore aren't enforcing your own legal contract with the lessee. The lease was in breach the moment the renter withheld rent. It was at that point your option to start the eviction process, but instead you listened to her lawyer. When the renter broke the lease, he/she loses all the protections the lease provides them and it is up to you to take the necessary steps to evict him/her if that is your goal. The renter will have their day in court to try to fight the eviction, but they will have to come up with proof that they paid their rent within the time period allowed on the lease and when they fail the eviction will be ruled and eventually enforced by the sheriff.