UPDATE - Massachusetts Tenant Rights? Uninhabitable Apt

[mcc]

UPDATE (C&P from SO)-- So the property management company sucked and basically did nothing all day. I called my renter's insurance company and told them what happened. They tried to deny coverage blah blah it's livable you have heat and hot water...yeah ok. Thankfully (sarcasm) I remembered that I had lead paint and checked the records online and saw that the brownstone was a single family home renovated into apartments in 1968 - that's prime asbestos time!

Asbestos and lead paint?! Can someone give me an Amen?!

I cried toxicity and 2 hours later I had my loss of use coverage kicked in and for the next 6 days I will be in the Hilton in my neighborhood. They tried to put me in a cheaper hotel miles across the river and I laughed and laughed and told the adjuster to come up from FL and carry my clothes and computers over ice on public transit over 2 miles and laughed some more. I have over $10k of loss of use coverage, buddy, nice try.

Called the property management company back and told him to hire a startup employee because we get shit done. His mind is now at ease that he has 6 days to figure out what they're going to do - fix the place while I live in the living room rent free until my lease renews or put me in another place and move me back into this one in June. Then he told me he wants to talk offline about how I managed to get all of this done so efficiently. Boom - that's how it's done!

Thanks everyone for your good advice this morning!

*****
Can anyone provide a quick and dirty on tenant rights in the event of an uninhabitable apt in Massachusetts? My bedroom ceiling collapsed last night from an ice dam leak. Management Company is already showing me new apts because the current one is now uninhabitable. Lease only talks about termination in the event of casualty but nothing about replacement housing.

I will call my renter's insurance to start a claim but in terms of abatement and putting me up tonight - what are my options? Do I have to agree to another apartment? Hotel? Can they make me find a friend to put me up? - last night's suggestion but I slept on the couch instead. What's the determination about asbestos/lead paint? - building is 130 years old and I'm hacking up a lung this morning either from a cold or breathing in dusty air all night despite opening a window.

Too bad they don't teach us anything in law school unless you take a LL/Tenant clinic.  LoveTrains rikki RockNVoll 

[LoveTrains]

I actually don't know, but if you google there are good resources. I just found this:

www.mass.gov/ocabr/docs/tenantsrights.pdf

Tons more stuff actually published by the state government.

[LoveTrains]

Also, I am SO sorry that you are dealing iwth this. It sounds awful. I would definitely ask your renters insurance about your stuff that got damaged - that might not be covered by the landlord.

I believe that my insurance policy on my condo actually includes replacement housing for the tenant if the unit is uninhabitable. Not sure what their rights are. I didn't think the lease could terminate for it being uninhabitable so you may want to look that up. Just because something is in a lease doesn't mean it is legal.

Also, You should have signed a lead disclosure when you signed the lease. It indicates whether they know if there is lead paint or if they don't know. You should assume that there is lead paint in most places in Mass built before 1970. As long as the paint isn't disturbed, it's fine. If the ceiling just came down in your bedroom, just close the door and keep that room separate and you should be fine.

[lb2006]

I'm not in MA, but in the real estate industry & know that asbestos was used primarily in the mid-1900s(i.e. 1940s) to 1970s...so it may not have asbestos if it is 130 yrs old. Not sure what was used prior to asbestos for insulation, etc.

I'd also check on the lead disclosure.


i am so sorry to hear this/see your IG pic. I would be beyond ticked, as this has been an ongoing battle for you. Hopefully your landlord and/or rental policy covers replacement housing for the tenant. Best of luck

[mcc]

Thanks LoveTrains. I failed at Google today - a little shaken up. I will call the renters insurance to find out about putting me up.

I signed a lead paint disclosure so I will shut the door as best as I can. Right now my duvet is drying over it.

[LoveTrains]

How about this?

www.masslegalhelp.org/housing/legal-tactics1/chapter8-getting-repairs-made.pdf

Of course you are shaken up! You should be. I am SO sorry. These ice dams are no joke.

[Lilac]

oh, wow. Your night was definitely worse than mine. I'm so sorry. I hope you get this resolved soon. What a mess

[mcc]

Ok, I filed a claim with the renter's insurance for now and I have coverage for replacement housing. Waiting on an adjuster.

[rikki]

I have no idea, but I am SO sorry. That sounds awful. Hang in there. Sending hugs!

[mcc]

Mar 5, 2015 11:55:36 GMT -5 RockNVoll said:

Mar 5, 2015 10:39:14 GMT -5 mcc said:

Ok, I filed a claim with the renter's insurance for now and I have coverage for replacement housing. Waiting on an adjuster.

Thanks goodness you got the renter's insurance!

Except now they're all "That's totally habitable! You have running water!" umm yeah if you mean running into my house. So I threw down the lead paint and renovated in 1968 asbestos game and now they're supposedly working on finding me temporary housing until an appraiser can come out. 

I laid down the law - recoup money via subro after this is settled. I need a place to sleep in 6 hours!

[mcc]

Mar 5, 2015 13:10:30 GMT -5 RockNVoll said:

Mar 5, 2015 13:07:39 GMT -5 mcc said:

Except now they're all "That's totally habitable! You have running water!" umm yeah if you mean running into my house. So I threw down the lead paint and renovated in 1968 asbestos game and now they're supposedly working on finding me temporary housing until an appraiser can come out. 

I laid down the law - recoup money via subro after this is settled. I need a place to sleep in 6 hours!

Are you fucking kidding me?  Habitable?  The roof caved in on you!  You literally would not have a roof over your head to sleep.

Well, technically it's *just* the ceiling. There are apartments above me. But it's also still leaking and collapse further so that seemed good enough for now...unless they want to wait a few months on an inspector and asbestos readings. Management company is trying to find something suitable for me to stay in but that, plus a bed in there, is not happening tonight.

[mcc]

Mar 5, 2015 13:21:53 GMT -5 RockNVoll said:

Mar 5, 2015 13:18:32 GMT -5 mcc said:

Well, technically it's *just* the ceiling. There are apartments above me. But it's also still leaking and collapse further so that seemed good enough for now...unless they want to wait a few months on an inspector and asbestos readings. Management company is trying to find something suitable for me to stay in but that, plus a bed in there, is not happening tonight.

Meh, it sounds better if you say you don't have a roof over your head--that combined with the asbestos and lead paint claims should get you somewhere

If I were still there I would totally offer you the guest room at my place.  DH won't be up for hosting on his own though.

Aww you're sweet, thanks lady! I told the agent working to get me a hotel that I need something with public transit access close to home so I don't need to schlep back and forth to get clothes/laundry. I'm approved for 6 days and they offered something right near work which I don't want because then I'd have to bring bags of clothes over and whatnot. Fingers crossed he can find something in Back Bay for me.

[MixedBerryJam]

No advice, just wanted to send a hug, and maybe a warm, dry duvet! I hope your insurance goes smoothly for you!

[explorer2001]

mcc I'm liking your update. You did an awesome job dealing with this so far. Good luck. Stay warm and dry.

[mcc]

Mar 5, 2015 18:55:47 GMT -5 RockNVoll said:

I'm glad you got things sorted. I'm still steaming that your renter's insurance tried to deny you coverage--good thing you're smarter than they are.

Enjoy your staycation at the Hilton!

Ugh the appraiser is coming tomorrow. I hope he's not breezy.

[liveintheville]

I'm just reading this! I'm so sorry that happened mcc! And very glad you weren't hurt. But glad your insurance company finally came around.