What can I do if my landlord is scamming the housing authority?
Full Question:
My landlord has lied to Smithville Housing and told them that gas and electric was included in my rent so of course my rent goes up, so I confessed to his lie to Smithville Housing. I thought maybe they should know that they were being scamed by my landlord. The lady I spoke with did nothing for me or her company but infact I think she really covered up for him. What can I do?
05/11/2007 |
Category: Landlord Tenant |
State: Massachusetts |
#4465
Answer:
You should carefully read your lease agreement to determine your rights and obligations and your landlord's rights and obligations regarding your rent payments.
The applicable Massachusetts statutes are as follows:
G.L.c. 186, § 14. Wrongful acts of lessor
or landlord of buildings or premises occupied for dwelling or residential
purposes; criminal penalties; civil remedies; jurisdiction; sections
applicable to acts of reprisal, waiver in leases or rental agreements
prohibited.
Section 14. Any lessor or landlord of any building or part thereof
occupied for dwelling purposes, other than a room or rooms in a hotel,
but including a manufactured home or land therefor, who is required
by law or by the express or implied terms of any contract or lease or
tenancy at will to furnish water, hot water, heat, light, power, gas,
elevator service, telephone service, janitor service or refrigeration
service to any occupant of such building or part thereof, who willfully
or intentionally fails to furnish such water, hot water, heat, light,
power, gas, elevator service, telephone service, janitor service or
refrigeration service at any time when the same is necessary to the
proper or customary use of such building or part thereof, or any
lessor or landlord who directly or indirectly interferes with the
furnishing by another of such utilities or services, or who transfers
the responsibility for payment for any utility services to the occupant
without his knowledge or consent, or any lessor or landlord who
directly or indirectly interferes with the quiet enjoyment of any
residential premises by the occupant, or who attempts to regain
possession of such premises by force without benefit of judicial
process, shall be punished by a fine of not less than twenty-five
dollars nor more than three hundred dollars, or by imprisonment for
not more than six months. Any person who commits any act in
violation of this section shall also be liable for actual and consequential
damages or three month's rent, whichever is greater, and the
costs of the action, including a reasonable attorney's fee, all of which
may be applied in setoff to or in recoupment against any claim for
rent owed or owing. The superior and district courts shall have
jurisdiction in equity to restrain violations of this section. The
provisions of section eighteen of chapter one hundred and eighty-six
and section two A of chapter two hundred and thirty-nine shall apply
to any act taken as a reprisal against any person for reporting or
proceeding against violations of this section. Any waiver of this
provision in any lease or other rental agreement, except with respect
to any restriction on the provision of a service specified in this section
imposed by the United States or any agency thereof or the commonwealth
or any agency or political subdivision thereof and not resulting
from the acts or omissions of the landlord or lessor, and except for
interruptions of any specified service during the time required to
perform necessary repairs to apparatus necessary for the delivery of
said service or interruptions resulting from natural causes beyond the
control of the lessor or landlord, shall be void and unenforceable.
G.L.c. 186, § 15. Provisions of lease or
rental agreement pertaining to non-liability of landlord.
Section 15. Any provision of a lease or other rental agreement
relating to real property whereby a lessee or tenant enters into a
covenant, agreement or contract, by the use of any words whatsoever,
the effect of which is to indemnity the lessor or landlord or hold the
lessor or landlord harmless, or preclude or exonerate the lessor or
landlord from any or all liability to the lessee or tenant, or to any
other person, for any injury, loss, damage or liability arising from any
omission, fault, negligence or other misconduct of the lessor or
landlord on or about the leased or rented premises or on or about any
elevators, stairways, hallways or other appurtenance used in connection
therewith, shall be deemed to be against public policy and void.
G.L.c. 186, § 15F. Certain provisions of
lease or rental agreement relating to residential real property as to
litigation and liability of landlord deemed void; remedies of tenant.
Section 15F. Any provision of a lease or other rental agreement
relating to residential real property whereby the tenant agrees to
waive his right to trial by jury in any subsequent litigation with the
landlord, or agrees that no action or failure to act by the landlord
shall be construed as a constructive eviction, shall be deemed to be
against public policy and void.
If a tenant is removed from the premises or excluded therefrom by
the landlord or his agent except pursuant to a valid court order, the
tenant may recover possession or terminate the rental agreement and,
in either case, recover three months' rent or three times the damages
sustained by him, and the cost of suit, including reasonable attorney's
fees.
Any agreement or understanding between a landlord and a tenant
which purports to exempt the landlord from any liability imposed by
this section shall be deemed to be against public policy and void.