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Return of last month's rent after fire

My roommate and I have lived in an apartment in Cambridge for over a year. Our lease ended on April 30 but we made a verbal agreement with our landlord to stay until August. He was fine with this. I notified him in writing of our intent to leave the apartment on August 31. He still had our last month's rent (he did not have a security deposit from us) and we all agreed July would be the last month for which we would pay rent since he already had our August rent.

Our apartment had an electrical fire on the evening of July 21 and has since been uninhabitable. The fire started in the ceiling above my bedroom due to bad wiring in the building (i.e. - did not originate from within our apartment and was not our fault). My landlord has since refused to respond to my emails or phone calls where I request my remaining rent back from July 22 - August 31 ($1,091.13) and also for him to pay the deductible on my renter's insurance ($250) since he is liable for the damages from the fire as owner of the building in which there was faulty wiring.

What are my legal options and how can I make him pay me? As a result of not being able to live there I have had to get a new apartment for which I have to pay rent and I need the money immediately. I am going back to grad school (quitting my job in a week) and can't really afford a lawyer.

Thank you for your help.

Editor's Response

Given the amount in question (less than $2000) you can sue the landlord in Housing Court or in Small Claims Court.  Both are very friendly to non-lawyers.  I'm not sure how quickly you will actually get to court, but, often, being served with a complaint can make people much more willing to settle these types of disputes.  Good luck

Downstairs neighbor

Hello, unless it's just an amazing coincidence, I believe you're one of the guys that lived upstairs from me. I'm also having the same problem with not getting rent back. Our place was condemned 2 days after your place had the fire. The rain water from the open roof was flooding into our kitchen and filling the lighting fixtures. Luckily I didn't turn the lights on or I probably would have been electrocuted or started yet another electric fire. What's even worse is I think he has already rented our apartment out (we found mail being sent to that address) and is collecting double rent. Send me an email at matt ( at ) mattlohmann (.) com .

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