Massachusetts Complaint for Double Damages Rent

State:
Multi-State
Control #:
US-60926
Format:
Word; 
Rich Text
Instant download

Description

This complaint provides that a hospital leased a certain space to defendant. The hospital made demand that the defendant vacate the premises. Defendant has refused to relinquish possession of the premises and the hospital now demands double rent in equal monthly installments.
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FAQ

In Massachusetts there are three ways a residential landlord can be liable to a tenant for personal injuries caused by defects in rented premises: negligence, breach of the warranty of habitability and breach of the covenant of quiet enjoyment.

Chapter 93A ) protects people from unfair and misleading business actions. It gives buyers the right to sue in court and get back money they lost. The law also allows businesses to sue other businesses. This only happens when a business was dishonest or unfair to another one.

Ing to the Supreme Judicial Court of Massachusetts, ?a plaintiff in a negligence action has a duty to mitigate damages that were avoidable by the use of reasonable precautions.? As discussed above, a plaintiff has a duty to mitigate damages, meaning their failure to mitigate damages could weaken their claim.

If the lease expires without action or renewal, the tenant does not become a squatter. Under Massachusetts law, they become either a "tenant at will" or a "tenant at sufferance" . The difference is whether they have the landlord's permission to remain.

A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). Either the landlord or the tenant may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required.

Ing to the Supreme Judicial Court of Massachusetts, ?a plaintiff in a negligence action has a duty to mitigate damages that were avoidable by the use of reasonable precautions.? As discussed above, a plaintiff has a duty to mitigate damages, meaning their failure to mitigate damages could weaken their claim.

Breaking a lease in Massachusetts requires tenants to provide their landlord with written notice. The amount of notice will depend on the length of the lease term: Monthly Leases - Either 30 days or a number of days equal to the interval between each rent payment.

In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

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Massachusetts Complaint for Double Damages Rent