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  1. #1
    Join Date
    Jun 2010
    Posts
    7

    Default Problems With the Landlord After Moving In

    Massachusetts
    My family has been in our rental house for just over a month & have already run into so many issues that we are literally counting down the months (only 10 and a half left!!) until we get to move out & not have to deal with it anymore What sucks is that it's a really nice house in a really nice neighborhood & PERFECT for our family I don't wanna leave!

    BUT...our whole dealing is iffy. First off, just getting into the place was weird. It took me almost two months to get acknowledgement that my deposit was recieved & to get a date/time set up to sign the lease. Now that we are moved in & dealing with the landlord & not her agent, things have gotten worse! It took two weeks to get a copy of the lease, which had dates marked out with whiteout due to the agent's errror...garbage & previous tenants' belongings remain in the basement, backyard & shed. Things that need to be fixed in the house are NOT being fixed (screens have large holes in them so bugs fly in...it's summer time & we want the windows open!) and nothing is being done about the trash. When I asked the landlord to remove her belongings & the previous tenants' belongings, she put a padlock on the shed & said we were no longer permitted to use it (that way she didn't have to remove anything). The shed is not mentioned in the lease one way or another, and we actually really need it (store motorcycle & child's play toys in winter, store gardening equipement, etc.) It seems unfair,and actually wrong to decide after a lease is signed where we can and cannot go on the property, especially when it was understood by us when we decided on the place that we would have the use of it. Is there a legal way to get access to the shed, or are we SOL for it?

    Also...what we are a bit afraid of...I feel that my landlord is provocing arguments. She knows what upsets my husband & says the things to push his buttons. He's been good about not losing his temper so far, but I'm sure it will blow before the term of the lease I try to do as much of hte dealings with her as possible, since she seems to stay out of my way for some reason....If she is saying or doing things on purpose, can I ask her to leave the property & come back another time when everyone is cool? The last time she threatened us (the tone felt threatening) by saying that we were breaking the lease for mowing the lawn (lease says she has responsibility for the grounds, but it had been nearly 3 weeks, so my husband just did it since we were having a small party for the one year old)...naturally that made him mad. Is something like that really breaking the lease?!

    Okay...my questions again:
    1. Is there a way to get use of the shed or put in a temporary structure for our use in the winter months?
    2. If my landlord is confrentational & provocting bad tempers, can I ask her to leave the property?
    3. How much time can I allow to go by for her to get around to minor repairs that are needed? If it's been too long, can I do them myself & send her receipts?

    Thanks everyone!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Problems With the Landlord After Moving In

    1. Get your landlord's permission.

    2. Yes, subject to your state's laws giving the landlord access on proper notice for repairs, inspection, etc. But be aware that I can't promise that the police will be of help, and that may make things worse.
    Quote Quoting Landlord's Right to Enter The Apartment
    A landlord may generally enter the apartment at reasonable times and upon reasonable notice for these reasons:
    • To show the apartment to prospective tenants, purchasers, lenders or their agents;
    • To inspect the premises;
    • To make repairs;
    • To inspect within 30 days of the end of the tenancy to determine damages to be deducted from the security deposit;
    • If the premises appear to be abandoned; or
    • Pursuant to Court order.

    3. What sort of "minor repairs" are we talking about?
    Quote Quoting Tenant's Repair and Deduct Remedy
    Your tenant may validly make repairs him/herself and deduct from future rent if:

    • The Board of Health certifies that there are violations present which may endanger health, safety, or well-being of the residents;
    • You are notified in writing of the violation;
    • You have failed to contract with someone to do the repairs within five (5) days of receiving written notice or you fail to substantially complete the repairs within fourteen (14) days of receiving notice;
    • The tenant did not cause the violations;
    • The tenant must deduct only reasonable amounts of rent in light of the violations and alternative corrective measures; and
    • The tenant did not unreasonably deny you access to make repairs.

    The tenant is limited to a maximum deduction of four (4) months in a twelve (12) month period. If your tenant does not wish to make repairs, and the problems have been certified by the local Board of Health to exist as described above, the tenant may declare the tenancy void and may leave within a reasonable time so long as, the tenant pays the fair rental value for the time s/he occupies the apartment (M.G.L. c. 111, § 127L).
    Note the "and" - the repair and deduct remedy is for serious problems.

  3. #3
    Join Date
    Jun 2010
    Posts
    7

    Default Re: Problems With the Landlord After Moving In

    Our minor repairs include things like new screens (large holes in them, letting bugs fly in), a very lose kitchen sink that is getting worse each day, a broken toilet seat (but it was just recently fixed after a lot of complaining), splintering fence posts (afraid the toddler will get hurt). We wanted some of the areas that were left bare to be painted (doorways, drywall leading to basement, etc), but at this point we don't care anymore. It's all minor, easy to do stuff that we could even do ourselves, but she won't let us (it's in the lease not to). What can I do?

    As for the shed...we just don't care anymore becuase it's not worth dealing with her. We have an enclosed trailer that will be used as a storage shed in the wintertime. Thanks for your help & the links!

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