board of health - Landlord Forum thread 359993

board of health by SUZANNE on November 26, 2019 @19:45

Issue resides in Massachusetts: Tenant called board of health and they visited on 11/15 (tenant never contacted us on any issues except for one that we fixed) told to correct or eliminate violations in accordance with Article II of the State Sanitary Code and/or MGL Chapter 111, Section 122 to 125, Abatement of Nuisances.
.351 complaint that inconsistent heat, questioning if heat is working correctly. heat tested by BOH 70.1 degrees in bdrm, living rm 65.8 degrees, kitchen 67 degrees. We are told that we are to ensure that the heating facilities are working properly (we did that on 11/5 and it was working fine, tenant never called to complain about heat again after our 11/5 visit. BOH found an exposed kitchen outlet. Tenant took it apart and removed cover and never contact us (landlord). Told to repair/replace outlet so that it is functioning properly and has a cover and to obtain a necessary electrical permit. Smoke Detectors/CO Detectors: was told to check with fire department on number and placement of smoke and carbon monoxide detectors. Basement: Tenant was concerned about the amount of water in basement. BOH stated it smelled damp and musty (it is a 100+ year old house and dirt cellar). BOH stated large amount of water in basement near front of cellar facing road tenant told BOH he smells it in his apt. BOH stated at time of inspection no musty smell (Tenant was told about the water issue in cellar PRIOR to moving in). Dehumidifier was running. Order was that owner shall maintain the foundation, floors, of dwelling so that the dwelling excludes wind, rain and snow and is free fro chronic dampness, weathertight, in good repair and in every way fit for the use intended. Owner is to identify the source of the water and eliminate it so that the basement is free from chronic dampness and weather tight. (Landlord has question: can't we just lock it up so no one has access to the cellar? no one uses it now we have washer and dryer hookups but no one uses them?) Handrail in cellar no guardrail - again can't we lock it up so no tenant access? Peeling paint on wall going down stairs to basement (can we lock the cellar up so no one has access?) Full dryer hose laying on ground - told to ensure if dryer is used hose is used. (This is a broken hose that the was never disposed and no one uses hookups so can we lock up the basement). So my question is: Can he not pay rent due to these violations until we fix them? Can we not renew his lease when it comes up in April? I want to tell him 60 days in advance that his lease will not be renewed. Is retaliation going to be an issue? His girlfriend moved out and he wanted her name taken off lease I told him it is a one year agreement and I would take it off upon renewal of lease (which is not going to happen now), we think his 8 yr old son who is not on the lease is living there at least half time (not really sure there is evidence of it) can we start to evict him now for violation of lease or is that retaliation. Just needing advice on how to handle and if he will not have to pay rent due to the violations that he complained about but never called us to address first.

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Re: board of health by Garry on November 27, 2019 @08:24	[ Reply ]

First and foremost, your T has to keep paying you rent. The BOH found several things wrong during their inspection, but apparently decided that none were currently bad enough to warrant them placarding your house, and telling your T to immediately move out because it was affecting their health. So, how long did they give you to fix those things, before they want back in to check on then? You should start repairing those things by this coming weekend. You should be able to have all those items fixed by Xmas. Any items that you can't fix yourself, call a local contractor to fix them. NO------ you cannot just block off the basement. You must FIX those basement items, NOW. When the BOH does their next inspection, if you don't have them all fixed, they may decide to placard the property at that time, tell your Ts to move out, and you won't be able to rent it again until it passes their inspection---even if that takes you all of next year to get them all fixed. NO-----you cannot evict someone for having their son come back to live with them. The son is a minor, and part of the family. Give up on that idea, or face a MAJOR lawsuit by your local Civil Rights Commission, that you could NEVER win. Instead of asking your T to move, give them a 60 day notice of a 3% rent increase at the end of the lease, AND that the lease will now become a M2M lease. Then, next summer, if you still want the T gone, you could send them a 30 day notice to move.

Re: board of health