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Question

I have 4 months left of my lease and have discovered mice in my apartment. My 20 mo. old granddaughter lives with me and has possible asthma. I have a doctor's note stating that we should move because of allergans carried on mice that can affect her condition. The complex has put down traps but will not offer us alternative housing until this matter is taken care of and are threatening to sue if we break our lease. Do we have any options?

Submitted: 100 days and 17 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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State/Country of Question: Massachusetts

Already Tried:
Mass Housing has come out for an inspection and documented the mouse droppings and have written this to the complex to correct the problem.

Posted by AttorneyPhillips 100 days and 17 hours ago.

Info Request

What state are you in?

100 days and 17 hours ago.

Reply

MA

Accepted Answer

 

Thanks for the quick response.

 

Yes, you can break your lease since you have the doctor's note and the Mass Housing Inspection. See Massachusetts General Laws Chapter 111 Section 127L.

 

You are entitled to get your security deposit back. If your Landlord does not return it, you may sue the Landlord for its return.

 

Your Landlord may however sue you for breaking the lease. It is therefore imperative that you have the doctor's note and the Mass Housing Inspection report handy to defend the case: you had to leave because of serious violations of the sanitary code.

 

 

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Expert: AttorneyPhillips
Pos. Feedback: 100.0 %
Accepts: 
Answered: 8/14/2009

Attorney

Massachusetts licensed Attorney with over ten years in general law practice.

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