Re: Landlord/Tenant Trial Next Week - Landlord Forum thread 330289

Re: Landlord/Tenant Trial Next Week by John Brayton (Massachusetts) on January 25, 2015 @21:50

I reiterate the advice I gave you in December:

http://www.thelpa.com/lpa/forum-thread/328243/Tenants-Broke-Lease.html

Here's an updated version:
* They are suing for November's rent. They will undoubtedly win.
* They are suing for the security deposit, with 3x damages. It sounded to me like withholding for the broken window and cabinets was perfectly valid, but your withholding that amount after failing to provide a heated apartment in November might not fly. I don't know if those were the only reasons for withholding.
* You won't win your counter-suit.

Try to settle. Given the current state of affairs, I'd offer them $1200 and be willing to walk away giving them $1750.

I don't doubt that you're a good landlord and did everything you could to get heat fixed quickly. But frankly, it is not the job of a tenant or a judge to care about your intentions. You were unsuccessful and need to accept that.

John

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