I just recieved a 30 day notice to vacate my apartment and am being evicted. The notice states that I violated my lease provision by using "making improper use" of my apartment. When I called the management company, I found that they were basing this on the report of a maintenance person who entered the apartment on very short notice (to find the source of a leak which he didn't find) and thus saw the apartment in a rather cluttered (but sanitary) state. Many of the conditions he was alleging, (such as cat feces on the floor) are flat out untrue. The floors were newly mopped, the counters, stove, and fridge were clean free of grime. A couple tables had stacks of papers on them, but nothing that could be construed as a fire hazard. I know my girlfriend and I are not the best housekeepers, but we put alot of effort into maintaining this place and have even hired someone to clean once a week. I'm really in shock that they're doing this without even giving us 24 hours notice for an inspection. all we got was one letter quoting a provision of the lease 4 months ago, and we thought we were complying. Anyway, the management company seems very inflexible, so it appears this may go to court. Is there anything i can do to aid my case in the mean time? Photos? A board of health inspector? Any and all advice is appreciated. I like the place, need to live within walking distance from work, and really can't afford a black spot on my rental record. Thanks, J
Submitted by Renter on Sat, 07/25/2009 - 11:47
Editor's Response
First of all, you know you do not have to go anywhere until a court grants possession to the landlord. If I were you I would bring witnesses to the hearing who have seen your apartment on a regular basis (friends, etc.) and who can testify to its normal (good) condition. Good luck. For more information or to post a question, visit our MA Tenant Law Discussion Forum.
Thanks for getting back to
Thanks for getting back to me...
I am aware that there is a long eviction proceeding.
sadly, i haven't done much entertaining here... would family be acceptable?
I've also been advised to send a formal letter to the property management company asking for a formal inspection and stating our intention to comply with any percieved code violations and perhaps with photos demonstrating that the apartment is, in fact in good condition... Is there any merit to doing that?
Editor's Response
Anyone who has been in the unit and will testify that its usual condition is good and clean will do. My only concern with the letter to the management company is that it should not say or imply agreement on your part that there ever was a problem with cleanliness or with violations of the lease. I would not have a problem with a letter that invites them to inspect and reasserts you position that the apartment condition is not, and never has been, in violation of the lease. Good luck.