Eviction in MA (apartment complex, lease, tenant, deposit)
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A friend of mine in Massachusetts is potentially getting evicted, but also wants out of her apartment. A little backstory: The leasing office is terrible and the building is poorly managed. It's a large apartment complex. They have been bad about repairs and I'm fairly certain she has been difficult with rent in response. Basically waiting until the last possible day to pay rent, often after she has a court notice. It's kind of turned into a pissing match.
Anyway, the leasing office is threatening court and eviction again. At this point my friend would just like to move somewhere else. I had been with her when she signed the lease and remember a bunch of crazy clauses. There is a clause that says " Termination of your possession rights or subsequent reletting doesn't release you from liability for future rent or other Lease Contract obligations"
Does this mean they will try to collect rent from the time my friend is evicted until the lease is up? Is that legal is MA? I suggested trying to work with their attorney to voluntary leave but make sure you aren't liable for any more rent.
A friend of mine in Massachusetts is potentially getting evicted, but also wants out of her apartment. A little backstory: The leasing office is terrible and the building is poorly managed. It's a large apartment complex. They have been bad about repairs and I'm fairly certain she has been difficult with rent in response. Basically waiting until the last possible day to pay rent, often after she has a court notice. It's kind of turned into a pissing match.
Anyway, the leasing office is threatening court and eviction again. At this point my friend would just like to move somewhere else. I had been with her when she signed the lease and remember a bunch of crazy clauses. There is a clause that says " Termination of your possession rights or subsequent reletting doesn't release you from liability for future rent or other Lease Contract obligations"
Does this mean they will try to collect rent from the time my friend is evicted until the lease is up? Is that legal is MA? I suggested trying to work with their attorney to voluntary leave but make sure you aren't liable for any more rent.
Any advice or suggestions is appreciated.
Guess who won that pissing match? As your 'friend' if it was worth it...you never, ever withhold rent or intentionally pay rent late to 'get back' at your landlord. I love how these threads always start with, "They're bad with repairs and poorly manage the building".
Your 'friend' needs to pay her rent, in full, then break the lease and move. If this eviction goes thru, are you prepared to have her move in because that's going to be the next step.
guess who won that pissing match? As your 'friend' if it was worth it...you never, ever withhold rent or intentionally pay rent late to 'get back' at your landlord. i love how these threads always start with, "they're bad with repairs and poorly manage the building". :rolleyes:
Your 'friend' needs to pay her rent, in full, then break the lease and move. If this eviction goes thru, are you prepared to have her move in because that's going to be the next step.
Guess who won that pissing match? As your 'friend' if it was worth it...you never, ever withhold rent or intentionally pay rent late to 'get back' at your landlord. I love how these threads always start with, "They're bad with repairs and poorly manage the building".
Your 'friend' needs to pay her rent, in full, then break the lease and move. If this eviction goes thru, are you prepared to have her move in because that's going to be the next step.
Yeah, that stuff is probably true. They probably are bad with that stuff, but there really is no excuse to not pay rent. That can only end poorly for a tenant.
There are other legal remedies I’d the LL isn’t keeping up with repairs and things of that nature
Guess who won that pissing match? As your 'friend' if it was worth it...you never, ever withhold rent or intentionally pay rent late to 'get back' at your landlord. I love how these threads always start with, "They're bad with repairs and poorly manage the building".
Your 'friend' needs to pay her rent, in full, then break the lease and move. If this eviction goes thru, are you prepared to have her move in because that's going to be the next step.
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.
Yeah, that stuff is probably true. They probably are bad with that stuff, but there really is no excuse to not pay rent. That can only end poorly for a tenant.
There are other legal remedies I’d the LL isn’t keeping up with repairs and things of that nature
You can withhold rent for not making repairs in MA, that really isn't the issue though at this time.
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 ****
Actually, it depends on the type of repairs needed and requires that the tenant give certain notices of her intention to withhold. It then requires the tenant to deposit rent in a seperate court supervised account.
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.
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