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Chapter 93A ? Signing Away Right to Sue?

Hello, I am a Criminal Justice / Paralegal major so I try my best to educate myself of available remedies by law for my problem, but I am stumped on this one and appreicate the help! My girlfriend and I signed a 1 yr lease 6 months ago on a apartment that has been a absolute nightmare for numerous defect reasons. To keep the story short the list of defects of the sanitary code we were subjected too included the following No working missing smoke detectors for months, severe inside leaking ceilings caused by clogged gutters on several occasions, Yellow Jacket infestation, Holes on screens of windows, faulty front door of building that doesn't shut and or lock at all (four units), faulty stove, cracked ceilings, no exterior working lights and lastly and most serious a severe bed bug infestation. All of these violations listed before the bed bugs were reported orally (large phone records) and photographed by me, but only haphazardly fixed at best even causing us to spend time at other places several nights (yellow jackets, leaks). Upon the bedbug infestation which caused significant welts all over my girlfriend and missed work and stress to say the least I notified the local board of health who wrote all of these violations up and informed me that I have a "problematic" landlord in town. Only now after 6 months the landlord is starting to make the repairs and hired a exterminator. Me and my girlfriend have had enough and desire to move out. The landlord has agreed to sign a lease breaking contract due to the problems and return my last months rent/security only if I sign agreement I will not sue for my girlfriend's injuries (personal injury only.) My question is if I sign this paperwork would I relinquish my right to sue in small claims for what I believe were violations of 93a consumer protection laws because the landlord rented us a defective property for months and your opinion on the probability of proving a violation of 93a would be very helpful if possible. Thank you so much- stressed and concerned in Northeast Massachusetts

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Hi EM.  You did the right thing by getting the city to inspect.  Keep on top of it.  If he fails to make ALL the repairs required by the inspection/report, go back to court and ask that you be released from the lease.  Until you talk to an attorney about your claim, I would NOT sign any document in which you sign away your rights to sue.  (Although, as you know, it would be your girlfriend who would have to sign away HER right to sue for her injuries.)   On the other hand, you and your girlfriend may decide that whatever you might collect in damages is not worth the aggravation, and that you want out NOW.  It will really come down to the unique facts and circumstances of your situation and how much you want out.  Good luck, and please tell your friends about The Forum.

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