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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27236
Experience:  JA Mentor
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I sent an email yesterday and never got a response, so maybe

Customer Question

I sent an email yesterday and never got a response, so maybe this one will. My apartment in South Boston was hit by a car and I could not occupy it for two weeks. In my lease it states that if the residence is deemed uninhabital during any part of my lease term, the per diem rent price will be owed or reduce my next rent payment by that amount. I have since moved out of the apartment and after numerous attempts to contact my landlord in regards ***** ***** money that is owed, I am getting no response at all. I had to find a place to live for two weeks and I am owed this money per the terms of my lease. Can you offer me any advice, help, suggestions, answers, direction.......???
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 4 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

A lease goes both ways - in exchange for you paying the rent, the landlord has to give you a place to live. If you can't live in the property because it's uninhabitable, even due to something that wasn't the landlord's fault, they need to either put you up in a hotel or refund your rent until the place can be used again. If the total you're owed is less than $7,000, you can file a claim against your landlord in the Small Claims division of the District Court. The state puts forms online that you can use to file the case on your own without a lawyer.

When a tenant vacates a rental property, the landlord must return the security deposit or send a detailed accounting within 30 days. If your landlord doesn't do either of those things, you'll be able to sue for THREE TIMES the deposit. G. L. c. 186, Section 15B. So consider whether you want to wait or run the risk of filing two separate lawsuits (which is allowed, but then you have to go to court twice).

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 4 months ago.

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