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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12209
Experience:  JD, MBA
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My girl has been living in an illegal apartment in Lynnfield

Customer Question

My girl has been living in an illegal apartment in Lynnfield And wasn't told this, and the city found out, this is the second time this guy did this, well she wasn't givin a month notice to leave, she found out the day her mom died, and on the day of her moms mass, they ripped the plumbing out, I told the guy she wants all her money back she paid for rent, he said no, he would give her first and last on her new place, until I sent him this ( meaning behind the statute.
By analyzing the express language of the statutory provision, the Court ruled that if a landlord violates a zoning ordinance by renting an illegal apartment, it must reimburse the tenant for relocation expenses if the tenant is evicted for illegal occupancy. The landlord is required to pay the displaced tenant an amount equal to six times the monthly rent, five days before the tenant vacates the premises. This amount is mandatory and is not based upon the actual expenses that a tenant incurs for relocating. For example, a tenant may only spend fifty dollars to vacate an illegal apartment and relocate, but the landlord is still required to pay the tenant an amount equal to six times the monthly rent charged to the tenant for the illegal apartment. Also, a landlord is not permitted to deduct past-due rent or other damages owed by the tenant from relocation benefits.).... Is that info I got online true? And can we sue for emotional distress?. We have his Craigslist ad for apartment for rent, And all copies of checks he recieved... Also when he found out that the city found out, he went to the city And said he wasn't recieveing rent and that his niece just studies there and doesn't sleep there. He texted her and told her if she was asked to go along with the story. Which she was never asked. What should be our next step
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  TJ, Esq. replied 8 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

It looks like the website where you got that information from pertains to NJ and not MA. However, the bot***** *****ne is that if the apartment was illegal, then the landlord had no right to accept rent in return for using the apartment. Accordingly, your girl would be entitled to a return of all rent paid during the entire time that the apartment was illegal. Of course, she'd also be entitled to the return of any security deposit that she may have given. If the landlord refuses to pay, then she can sue the landlord.

Unfortunately, suing for emotional distress would not likely be successful. Your girl would have to prove that the landlord's conduct was extreme and outrageous (i.e., heinous and utterly intolerable in a civilized society), and that she suffered severe emotional distress as a result (i.e., emotional distress accompanied by physical symptoms). Based upon these facts, it seems unlikely that the facts in this case would give rise to that type of claim.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 8 months ago.
him ripping out the plumbing while she is at her mom's mass isn't something that would cause emotional distress?

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