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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24542
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I am being evicted because I had a situation that involved

Resolved Question:

I am being evicted because I had a situation that involved the fire department coming to my residence, and the house was not up to code, I am still awaiting for the paperwork from the board of health. My landlord showed up again that evening and we had an argument about his comments. I realize there is no laws against him being rude to me. I told him I was unhappy and because of this I received a letter asking me to move out. I have not been able to find a place for myself and my 3 children yet. I am sure they will have me served through the court and am wondering if I have any right to not pay the rent as I will need it to find another place and if I will have to be moved out by the date they requested. They also stated that they will be showing up for the key and that someone will be coming in to the residence on the 1st of the month.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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I am sorry to hear of your problems with the landlord...
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Are you under a written lease for a set term or are you month to month?
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Has the house actually been condemned or deemed unfit for human occupation by the fire dept or health dept?
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Have they served you with any type of formal written notice to move?
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Thanks
Barrister
Customer: replied 1 year ago.
They have not condemned the house I have not received the paperwork from the board of health as of yet. They have sent me 2 letters asking for the rent and when I will be moving out. They have stated that they will be coming for the key and the date that they want me out. I have a tenant at will
Expert:  Barrister replied 1 year ago.
Ok, then technically you aren't being evicted at this point. If you are month to month, then if the landlord wants to terminate your lease, in Mass, he would have to give you a 30 day written notice to move. Then if you didn't move out, he would have legal grounds to file a formal action in court to evict.
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However, if the health or fire dept comes back and says you have to move out, you can hold the landlord liable for the costs of any hotel until you find a new place because he would be in breach of "the implied warranty of habitability" for his failure ot maintain the property resulting in it being declared unfit.
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With that said, he has no legal right to force you out until he has an order of eviction from a court or the house is condemned.
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However, if you are living there, then you are legally obligated to pay rent unless there are substantial defects with the dwelling's basic structural, systems, health, and safety and you have taken proper steps to withhold the rent. This includes notifying the landlord in writing of the problem and then giving them a reasonable time to correct it. Once that has been done, you are legally allowed to withhold rent until the repairs have been made and a judge can then determine what the diminished value of the property is if the landlord tries to sue to evict and for the rent.
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.
Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24542
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Barrister
Barrister
Attorney/Landlord/Realtor
6881 Satisfied Customers
14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs