I own a top (third) floor condo in Cambridge, MA that I rent. Starting in Novemeber of 2006 - present 2010 the unit suffers from leaks when it rains. The leak requires my tenant to keep utility sized refuse/ pails underneath the ceiling and empty the containers periodically. Of course, I alerted the condo management company who in turn would send someone to repair. Over the years 2006 - 2010, none of the repairs were effective (the leak continued.) More than one of the repairman told me the roof needed to be fixed and the only measures that could be taken were stop-gap, short-term and insufficient. Because of the conditions, I charged either less rent or let my tenants out of their lease.
In September of 2008 I wrote a letter with extensive documentation from tenants and repairman. I also told them about the financial reprecussions of lost rent. In May 2010 (one and a half years later), the repair has been scheduled to be done, contracts signed but still not commenced.
Do I have grounds to ask to be reimbursed for the lost rent and/or inconvenience? Should I ask an inspector from the city to visit the property? What else would be prudent for me to do?
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Editor's Response
You, or preferably an attorney in MA familiar with condominium law, should carefully review your condo docs and and the correspondence between you and the association. I see absolutely no reason why you would want to avoid getting all the work done. (I understand there are costs involved, but you are asking for trouble if you rent a unit with habitability or safety issues.) The only issue would be who should pay for it. You will, in the end, have to pay your share of all the work done on common areas plus 100% of the work done to your unit. Obviously the tricky part is figuring out the difference, something I cannot do without looking at the docs. Your attorney can also tell you whether you may have a claim against the association for failing to repair the common areas in a timely manner. As a start, follow this link for a discussion of the various condominium documents.
I have no opinion about the other part of your question. Getting the city inspectors involved will only prevent you from renting the unit until you correct any problems they find. I would focus on getting all the repairs done, then focusing on who should pay. Once you get all the repairs done, you can begin to realize a steady stream of income from (happy) tenants. Good luck. For more general information, visit our Massachusetts Real Estate Law Discussion Forum.