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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Mass. Law I own a three family apartment. A tenant pays the

Customer Question

Mass. Law I own a three family apartment. A tenant pays the heat. He left and turned off the heat. Two people who I didn't give permission to live there want me to turn on the heat. I am evicting them Do I have to turn on the heat and put it in my name. They have called the board of health?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 3 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 3 months ago.

Dear Customer,

The landlord's obligation is to provide an adequate heating system, not to provide for heating (As long as there is a specific clause requiring the tenant to pay for their own utilities in the lease agreement).

However, given the nature of your situation, I would strongly recommend that you work with a local landlord/tenant attorney to help you complete your eviction and expect the current occupants to defend the eviction process by asserting a "habitability" defense (claiming lack of heat) - which is why I strongly recommend retaining an attorney to assist/represent you in this proceeding - the earlier you retain a lawyer, the more options they will have when representing you.

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