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I live in Massachusetts since Wednesday I have no heat at my…

Customer Question
I live in Massachusetts...

I live in Massachusetts since Wednesday I have no heat at my house not my landlord told me that pipe just bust my apartment and he told me that he's not going to continue paying for the hotel one around I should find someone to go with my two kids he's going to give me my deposit

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Has anything been filed or reported?

Yes I called the Board of Health the Board of Health is the one that made him put me in the hotel until he could fix the the heat situation now he can't to find out that his baller was crack and he had to buy a new one now he told me that the pipe just bust in her apartment so he's not going to continue paying the hotel for us we need to continue paying the hotel and he's trying to give it

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes I need to know if this is the landlord responsible for my kids me and my kids because we are in a hotel he was paying it and now he tells me he's not going to continue paying it we have to pay the hotel he's trying to kick us out

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/8/2018
Real Estate Lawyer: Loren, Lawyer replied 1 month ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 36,278
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Real Estate Lawyer: Loren, Lawyer replied 1 month ago

Yes, the landlord is liable to you if he can not provide a safe and habitable premises for you to live. If he can not then he is in breach and can be sued for damages.

If the claim does not exceed $7000, you can file in small claims court. Small claims court is designed to be a "user friendly", simplified process, so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

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Customer reply replied 1 month ago
If tomorrow I'm going to go to the housing court because he tells me he's not going to continue paying the hotel and he's texting me telling me that do I want him to give me my deposit back so I don't know what to do tomorrow I'm going to the court and I don't have money to pay the hotel because all I have is the rent money and I will supposed to give him for January
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

You also have the option of declaring a constructive eviction and terminating the lease, if you want.

Then you can move to another apartment.

Either way, proceed with your suit because the landlord is in breach and you are entitled to an award of damages.

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Real Estate Lawyer: Loren, Lawyer replied 1 month ago

Did you have further questions? Have I answered your question? Please let me know.

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Customer reply replied 1 month ago
Right now since November my lease was up he didn't renew it so I am a tenant-at-will right now is that a problem my concern is that he's going to stop playing in the hotel and I can't pay money for the hotel while I'm looking for
Real Estate Lawyer: Loren, Lawyer replied 1 month ago

If your tenancy is at will then the tenancy can be terminated on 30 days notice for m the next date rent is due.

So, the landlord can terminate the obligation to provide accommodations and you will need to find a new place to live.

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