Landlord – Notice to Quit Myself and my wife are having yet more problems with…

Landlord – Notice to Quit
Myself and my wife are having yet more problems with my landlord.

We have just been issued a notice to quit, based on non-payment of rent. However, we have a bank statement that confirms the cheque has been cashed and deducted from the account.

This, I’m sure, is a misunderstanding on the landlords end, however, given that 2 months ago we got her cited for 5 health code violations, I believe this is retaliation for this event. Also, she has still failed to correct 1 of the violations.

What is your advice on the best course of action we should follow?

3 thoughts on “Landlord – Notice to Quit Myself and my wife are having yet more problems with…

  1. Re: Landlord – Notice to Quit
    This does appear to smack of retaliation. It is important going forward that you establish a paper trail for all of your dealings with your landlord. This includes sending a certified letter (return receipt requested) with a copy of the bank statement showing that the payment was made and received in a timely manner. In the letter you should ask the landlord for written confirmation that the notice to quit is being withdrawn. From this point on, all of your rent payments should be made electronically from your bank account. If you do not have online access to your account you should set it up through your bank. This puts the onus on the bank to send out the check (you should mark this payment to be made on a recurring basis so that you don’t have to go online each month to process it). This should eliminate questions concerning the landlord’s receipt of the payments. If the landlord insists on moving forward with the complaint, based on what you have set forth in your posting you have a solid claim for retaliation and a potential recovery of multiple damages and attorney’s fees. Feel free to contact me if you wish to discuss your rights in greater detail.

    Alan Fanger
    Alan S. Fanger, Esq.
    110 Cedar Street, Suite 250
    Wellesley, MA 02481

  2. Re: Landlord – Notice to Quit
    Retain an attorney and present that attorney with all records of your rent payments and the health code violations. If this is a wrongful eviction you may be entitled to multiple damages and the recovery of your attorney’s fees. Good Luck!

    Joseph Murray
    Joseph M. Murray, Esq.
    56 North Bedford Street
    East Bridgewater, MA 02333-1173

  3. Re: Landlord – Notice to Quit
    It is great advice to put all communications between you and your landlord in writing.

    You will need to make all timely payments on your rent, and file an answer, counterclaims, and discovery in response to the landlord’s complaint when the time comes.

    In the meantime, gather all your paperwork. You should probably contact an attorney to make sure that all available defenses and counterclaims are preserved.

    Christopher Vaughn-Martel
    1180 Washington Street, Suite 101
    Boston, MA 02118

Comments are closed.