We have been renting a house for 5 years now, and our landlord has promised for the last four to replace the boiler in the home, as it was rated at about 22% efficient. (cost me 150 gallons a month to heat hot water in the summer!!!) Our hot water exits the tap at 180 degrees, because of no mixing valve installed. When we had problems with the boiler again two months ago we received an "eviction" notice, because the landlord said it would cost an "considerable amount" and that the rent would increase and we could not afford it.
My questions are:
1. We have not received an official eviction only a letter asking us to leave by Feb 28, 2112. No repairs have been made while we are still paying to heat a house with a faulty and dangerous heating unit. Is this legal???
2. Our security deposit was NEVER placed in an escrow account. Does the landlord have any recourse in defending this if we push it? (Ma. law Ch. 186 Sec.15b. part 3. States that the landlord is liable for 3 times the amount for failing to do so.)
3.Is the Natural gas and heating oil 'pro-rated' in price? She has asked us for 5/8 of a tank of heating oil and 200lbs. of propane upon our departure. (only 100lbs, of propane was there when we moved in, but that's not the point here), the price of gas and oil are considerably more now than 5 years ago. What was left was by the previous tenants who were obviously evicted or left on a short notice, due to the condition of said house. (it was trashed)
4. What recourse or options do we have to fight this? The landlord has not given us an amount of the rental increase as of now. We live next to a ski area and believe she wants us out to rent it seasonally, so she will not have to do the repairs.
Thank you.
Retaliatory eviction
Your questions have been answered numerous times on this forum. Look around, and you will find your answers. You can force the landlord to make repairs required by the housing and sanitary code, and you should. Although you are only a tenant at will at this point, retaliatory eviction is illegal in Massachusetts. There is a strong presumption under MA law that when a tenant complains about a housing issue and is then evicted, that eviction is retaliatory. Follow the above link for more information.