Eviction in MA (grace period, payment, move, court)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Massachusetts G. L. c. 239, Section 8A, allows a tenant to withhold rent in such situations where request for repairs has been made in writing. The landlord must be given written notice of the tenant’s intent to withhold rent as a result of the landlord’s failure to make repairs.
I really don't care, but since you all seem to love this ****. My questions was about if the account needed to be supervised. I don't see that in 8a.
There is no back rent. The issue is over an electric bill, which they refuse to provide a copy of until she pays it.
Well. She’s on the hook for the rent and the lease period for sure. They can’t seek summary process in MA for utilities, so something isn’t adding up.
Regardless. As to your original question - she’s stuck. Pay the rent, ride out the lease, leave the utility bill in dispute for small claims or for the end of the lease period (deposit).
Love the attitude, BTW. I’m sure it really gets people willing to help.
Here’s the part about the money having to be held in escrow by the court
Quote:
The court after hearing the case may require the tenant or occupant claiming under this section to pay to the clerk of the court the fair value of the use and occupation of the premises less the amount awarded the tenant or occupant for any claim under this section, or to make a deposit with the clerk of such amount or such installments thereof from time to time as the court may direct,
Well. She’s on the hook for the rent and the lease period for sure. They can’t seek summary process in MA for utilities, so something isn’t adding up.
Regardless. As to your original question - she’s stuck. Pay the rent, ride out the lease, leave the utility bill in dispute for small claims or for the end of the lease period (deposit).
love the attitude, BTW. I’m sure it really gets people willing to help.
Here’s the part about the money having to be held in escrow by the court
OP should have her friend read through the posts here about the difficulty of renting another apartment when you have a foreclosure on your record. Note, too, that future landlords won’t care about the “extenuating circumstances” surrounding the eviction.
Thank you for your completely unhelpful opinion, even as it's unwanted. I'm not sure why you are rolling your eyes at poor management, as it's a legitimate concern. I offered up that my friend (yes friend, I bought my place about two years ago) hasn't been perfect, because it's I thought it was relevant. Neither party has been great here.
Also, in massachusetts, withholding rent for not making repairs is 100% legal.
Kindly ****
It's also legal in many other states when done properly.
I roll my eyes because your thread is like countless others, from other less than stellar tenants, trying to play victim and blaming 'slow/or no repair' or 'poor management'. When in reality you get what you pay for and you knew what you were doing when you signed the lease.
Your gf needs to pay the bill she owes, or fight it in court...she cannot withhold rent in order to get a copy of a bill.
You didn't answer my question: Are you going to allow your 'friend' to move in with you once she's evicted??
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
