Submitted by Chicken Little on Thu, 01/12/2012 - 16:00
I have been living in my unit for 6 years. My husband and I were recently told by our landlord (who lives upstairs) that we have to stop using our fireplace, because he is getting smoke in his place. But our fireplace is fine, there clearly is something wrong with his chimney. He also has never had our chimney cleaned.
Is he allowed to verbally tell us that we can no longer use it? We rented the apartment because it had a fireplace and have used it the past six years without issue. What is the Mass Law that I can look up and present to him, so that I am within my rights.
Thanks!
Owner installed equipment
Interesting question. If you follow this link you will find a discussion of the law regarding the landlord's obligation to maintain appliances and other equipment. However, I have no idea if you could convince a housing court judge that a fireplace constitutes "owner-installed optional equipment," the language used in the regulation. You may also permanently sour your relationship with the landlord if you attempt to force him to spend large amounts of money to repair the chimney. Good luck.