Hail, Colleague!
Nice to see you on the other side of things!
To start, I probably don't need to tell you this, but in the interests
of balance and a complete answer, I'm going to do it anyway: Pay
careful attention to the lease agreement for the circumstances under
which you may break your lease. A lease agreement is a legally
binding contract for both the lessor and the lessee. Tread carefully
in matters of lease agreements, for they will bite you without warning
if you don't. (I really don't want you to get bitten.)
Now that we have that out of the way, let's start with the
circumstances you find unacceptable in your apartment community:
-- loud, obnoxious neighbors (violation of typical "quiet enjoyment"
clause)
-- youths congregating in the halls (could argue this is a security
threat)
-- leaky roof (structural disrepair)
-- gargage left in halls (could argue health hazard)
-- insect infestations (definitely a health hazard!)
In the State of Massachusetts, renters are entitled to ask for a Code
Inspection. (I found this information on a page dealing with
evictions - you're not being evicted, but that doesn't matter. You're
still entitled to call for the inspection):
"CALL FOR A CODE INSPECTION
Everyone in Massachusetts has a right to a code inspection by your
town or city Board of Health or Housing Inspection Department. Call
your local Housing Inspection Department or Board of Health and ask
for an inspection of your home as soon as possible before your trial
date. (If you can't find the telephone number, call City or Town Hall
and ask for the code inspector's office or the health inpector's
office.)"
Housing Code - MA
http://janus.oit.umass.edu/~cshrc/housing/housingcode.html
According to the Housing Code Checklist:
"Under the State Sanitary Code, the following violations are
considered conditions which may "materially endanger" the health of
you and your family. If you or the local code department notified your
landlord of these violations, you may legally withhold all or a
portion of your rent."
Housing Code Checklist
http://janus.oit.umass.edu/~cshrc/housing/housingcodechklst.html
Note that the checklist explains the violations, during what time
frame such violations are *required by law* to be fixed, and cites the
relevant sections of the Housing Code for each violation.
The checklist also mentions that you need the date the landlord was
informed of the violation. You note in your question that at one
time, you were sending weekly letters to the main office. If you have
copies of these, fish them out and fill the dates in for each
violation. If you have a copy of the most recent letter, pull that
out too, as well as the landlord's response to that letter (assuming
that he responded in writing and not verbally). Go over your
apartment and common areas with a fine toothed comb, and check off all
violations. Notify the landlord *in writing* of any violations you've
not previously notified him of, and make a note of the date:
"FILL OUT THE HOUSING CODE CHECKLIST
Before the inspector comes to your apartment, check off the violations
in your home on the Housing Code Checklist in this booklet. Write in
the left hand column the approximate date that the landlord or someone
working for your landlord knew about each violation. If the problem
existed when you moved in or when a new landlord bought your building,
write down this date. The law assumes the landlord knew of these
violations as of these dates.
If you have access to a camera, take photos of the conditions in your
house.
When the inspector comes to your apartment, show him/her the problems.
Make sure that the inspector writes down on his/her code report
everything that is on your checklist. An inspector is required by law
to write down all violations."
Housing Code - MA
http://janus.oit.umass.edu/~cshrc/housing/housingcode.html
The landlord may say that the circumstances are beyond his control
when it comes to cleaning up problems, but the law is not on his side
in this regard. The Housing Code Checklist is very specific with
respect to which violations must be cleaned up and when, and makes no
allowance for "budgetary constraints". It's the landlord's
responsibility to maintain the premises in accordance with State law,
regardless of whether he feels he has ample funds available.
If you can document these violations well and can document the
unresponsiveness of your landlord, you may have a case for
"constructive eviction", whereby you are entitled to break your lease
without paying the "early out" fees. This is explained in the page
you reference above:
"Tenants too can terminate the lease if the landlord has substantially
breached an obligation. Remember that landlords are obliged to deliver
possession of a habitable unit and are required to ensure a tenant's
quiet enjoyment of that dwelling. If a landlord fails in either of
these duties, the tenant can void the remainder of the lease."
[...]
"Breach of the warranty of habitability: If a landlord continually
fails to repair a major item-one that affects the habitability of the
home - then a tenant can safely claim constructive eviction. Note,
though, that the item must relate to the habitability of the home; a
broken tile will not do. So too the landlord must be given a
reasonable chance to fix the problem. A solitary phone call is
insufficient.
Breach of the covenant of quiet enjoyment: If a landlord continually
interferes with a tenant's quiet enjoyment of the unit (by playing the
tuba
at all hours, for example), then the tenant can move due to a
constructive
eviction. Also, and this is an important point, if another tenant is
too
loud, and the landlord has done nothing about it, a tenant can claim a
constructive eviction and terminate the lease."
Landlord and Tenant: Getting Out of a Lease Early
http://www.uslaw.com/library/article/sdslt18LeaseEarly.html?area_id=744
This strategy is more apt to work for you if you document everything,
right down to getting a Code Inspection. If you've not already
started laying a paper trail, do so now.
Of course, you might be able to get out of your lease without calling
in the Inspectors. Fill out the checklist completely, and note which
violations you've complained of previously. Take this to your
landlord and tell him that the conditions are unacceptable, and that
you are left with no choice but to terminate the lease agreement.
Inform him politely that you don't want to cause problems, that you
understand that there are budgetary issues, so rather than having you
force the issue with an inspection, you would like him to terminate
your lease without imposing the extra fees. If he balks, remind him
that you have the right to call for an inspection, and that his
failure to make repairs in a timely fashion could leave him subject to
hefty fines under State law - fines which would hurt his budget
significantly more than losing your $2K termination fee.
If he agrees, be certain to get a written statement of termination
from him. I wasn't able to locate any examples of these online, so I
asked my own landlord what his procedure for such was. He said that
he writes up a statement noting that both parties have agreed to
terminate the lease, and under what specific terms (frex - no "early
out" fees), and on what date the agreement to terminate is effective.
Both parties sign and date the agreement, and both parties get a
notarized copy. He says that's usually sufficient.
Obviously, if your landlord fails to see reason and refuses to
terminate amicably, you can call for the inspection. If the
violations found are sufficient (you'll need to speak with the
inspector), you can terminate anyway, and the landlord is not entitled
to the fee.
Nolo Law Centers offer some advice for when it's permissible to break
a lease:
"What happens if a tenant breaks a long-term lease?
As a general rule, a tenant may not legally break a lease unless the
landlord significantly violates its terms -- for example, by failing
to make necessary repairs, or by failing to comply with an important
law concerning health or safety. A few states have laws that allow
tenants to break a lease because of health problems or a job
relocation that requires a permanent move.
A tenant who breaks a lease without good cause will be responsible for
the remainder of the rent due under the lease term. In most states,
however, a landlord has a legal duty to try to find a new tenant as
soon as possible -- no matter what the tenant's reason for leaving --
rather than charge the tenant for the total remaining rent due under
the lease."
Leases and Rental Agreements FAQ
http://www.nolo.com/lawcenter/ency/article.cfm/objectid/9D296557-9701-432C-86835128DB4EAFA8/catID/5F6E6230-A8FA-41AA-887CA22C004F6C4D#1E41F7A7-7778-4840-A71876FC09747BC4
"What are a tenant's rights if the landlord refuses to maintain the
property?
If a landlord doesn't meet his or her legal responsibilities, a tenant
usually has several options, depending on the state. These options
include:
* paying less rent
* withholding the entire rent until the problem is fixed
* making necessary repairs
* hiring someone to make necessary repairs and deducting the cost from
the next month's rent
* calling the local building inspector, who can usually order the
landlord to make repairs, or
* moving out, even in the middle of a lease.
A tenant can also sue the landlord for a partial refund of past rent,
and in some circumstances can sue for the discomfort, annoyance and
emotional distress caused by the substandard conditions.
Tenants should check state and local laws and understand remedies
available before taking any action such as withholding rent."
Repairs and Maintenance FAQ
http://www.nolo.com/lawcenter/ency/article.cfm/objectid/064A33D0-2569-46D3-B74E3FD2CD54C4D9/catID/2B2E2666-FA8B-46D0-9DF743C08C2334B9#3949671B-8C8F-43EE-B7804196AE9E9C1A
For further reference, you can check the Massachusetts Sanitary Code
here:
Massachusetts Sanitary Code
http://www-ims.oit.umass.edu/~cshrc/housing/sanitarycode.html
It does appear from where I'm sitting that you have enough of a case
to break your lease. The standard disclaimer applies, of course - I
am not a lawyer, and neither do I play one while perched in the Purple
Chair. You'll definitely want to consult with your local housing
authority for proper procedures, just to keep your own tailfeathers
covered.
I hope this sufficiently answers your question. If you think I've
missed the mark or need a few more sources, don't hesitate to ask for
clarification. I'll be happy to give you a hand.
--Missy
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