State Specific Question About: MASSACHUSETTS (MA)

Hi everyone! I'm Nellie's daughter. She posted about my move into my first apartment, from Maine to Dorchester, MA, back in August. My move was mostly smooth; I love the neighborhood, I love the work I'm doing, and have fared well on my own (mama didn't raise no fool). But there's been one issue from the beginning, which is my landlord (actually a property manager, but for the sake of convenience, I'll refer to him as my landlord).

Apologies. I know this is a landlord's site, but I see this as a valuable resource for me as a first time renter, and I know you'll have good advice for me. There have been several maintenance issues, and I need to know how to best pursue them. Here they are, listed in order of importance:

1. The Mailbox. I have not had a properly functioning mailbox since I moved in, and from what I have heard from my roommates (who were here before me), it'd been out of service for some time before I arrived. During August and September (maybe October?), the issue was that the key we had had to open the box had broken off inside of the lock, and could not be removed. A month or two ago, my landlord came and replaced the lock and gave us a new key, after being asked to do so several times. When I tried the lock the next day, the key would not turn the lock. For the past month, the whole box (it's one of those 3-doored silver boxes) was hanging out of the wall, because the master lock was broken. Because of these issues, I have not had my mail properly delivered or accessible since I moved in, which has been extremely problematic in receiving important mail (things like vital prescriptions, bills, etc.).

Tonight, I texted my landlord to let him know the mailbox is still not functioning and that the matter ought to be treated with urgency. I was told that we would have to pay for a new lock and key out of pocket. I reminded him that it is the landlord's responsibility to provide a secure mailbox, to which he replied that the mailbox is defective through no fault of his.

2. The walkway. There is one concrete stairway and walkway that leads from the sidewalk to the bottom of the stairs up to the main door. Because it is old and on a hill, the walkway slopes downwards. After the recent snow, my landlord did not shovel, salt, or sand the walkway. My roommates shoveled, and someone put down some light salt and sand. The sloped part of the walkway is EXTREMELY slippery, to the point that I feel unsafe walking out the door, even holding onto the (somewhat unstable) railing beside the walk. I'm having ankle surgery on Friday and will be on crutches for 6 weeks, and am really anxious about my safety just getting from my front door to the sidewalk. I informed my landlord and he assured me he would come lay salt down tonight-- we'll see what happens with that.

3. Smoke Alarms. Since I first visited the apartment in July, the three smoke alarms in the stairway have been beeping and saying, "low battery". Nothing has been done, though I'm unsure if anyone has mentioned it to the landlord.

4. Refrigerator. Two or three months ago, our refrigerator went on the fritz and just stopped working. It kicked back up about a day and a half later, but not before all of our food spoiled. It does this for short periods of time every now and then. When it initially happened, we notified the landlord and asked that it be replaced. Nothing was done. I'm not sure how to figure out how old the refrigerator is, but it's certainly not new.

5. More minor issues. There are rodents who have not been successfully dealt with over the last year. There are small holes in the apartment walls between the trim, door frames, and walls. I'm not sure how major these issues are in the spectrum of issues an apartment can have, but my roommate just mentioned that she was thinking about getting an inspector in, because she didn't think the apartment would pass inspection. Would this do us any favors?

I told her you'd be nice. ( but maybe she didn't choose the right title? :-)

I looked at the refrigerator when I was there. I believe the manufacture date was around 1990. (Daughter, look inside the refrigerator and see the sticker on the sidewall, near the front, at the top).

All of the smoke detectors in the common stairway beep. The handrails are not properly attached to the wall on stairs that are winders all the way up three floors. This will be significant issue when she is on crutches for several weeks and then in a boot.

There is a fairly good grade on the sidewalk to the steps.

1. Sounds like one of your roommates broke the key off in the mailbox, so the first replacement should have been billed to you. I don't really understand the issue now, but it sounds like the landlord should repair, though you may need to check with the USPS and see if it is something they need to fix with the master key.

2. What does your lease say about snow removal/yard maintenance? Usually multi-family buildings will include snow removal, but not always. And, it may only be with a certain amount of snow that they have to plow/shovel. As for the issues with being on crutches, I think you are on your own for any special accommodations needed. I may be wrong on the application of the law, but under the ADA, I think you would be allowed to make reasonable alterations at your own expense.

3. I think the common area smoke detectors are definitely the landlords duty to maintain. As you said, you do not know if the landlord is aware of this or not, so let them know and they can get the batteries changed.

4. Again, check your lease, but appliances are often maintained by the landlord. If that is the case in your rental, you still have a problem. How can the landlord repair an issue that is not present when they inspect. I don't know of a way to prove that the fridge was broken, so this will be difficult to handle. You may want to purchase your own fridge to use instead. Based on your description of the issues, I would guess the fridge will completely stop working soon and then the landlord may be more willing to make a repair. I know this is not the answer you want and not a great solution, but it is difficult to repair an issue which cannot be observed. If there is some way to document it, that may help.

5. Keeping food from being accessed by pests will help keep them out of your apartment. The landlord should seal any holes to the outside. Putting out some traps or baits would be a simple solution, who pays for that is probably covered in your lease or local laws.

I don't think any of your issues are large enough violations to call an inspector or take legal action. You want to stay on good terms with the landlord, so try to work with them to get things fixed first. If asking the landlord to replace the SD batteries, you may want to send a certified letter. Good luck.

Didn't you look at the place before you decided to move in? I think I would have thought about moving after you had yor surgery because I just broke my ankle and still I am not mobile since the beginning of November. So good luck.

I would have fixed all the listed issues in a week, including replacing a 20 year old fridge. The maintenance issues are all reasonable, That is just cost of doing business. I am not a slumlord and I am handy.

The issues you described depicts a picture of not so stellar apartment. Like the other post said, you probably pay below market rent and the landlord may laugh at you for wanting to have those things fixed immediately.

That being said, your post reminded me my New Jersey entitlement-lease breaking-short lived-PITA tenants' parents. They sent me a punch list that is beyond housing code, they were adamant about it. It was a beautiful apartment before the punch list. The mother and daughter resembled the Kadashians. I am sure they think all what they requested are reasonable.

Try to follow the proper process without threatening your landlord. Put your maintenance list in a certified letter if you haven't done so, ask for a deadline.

If he IS a slumlord and maintenance is important to you, try to talk to your landlord to get out of the lease.

Btw, 99% LL on this board are not slumlord, so the mindset is vastly different. I know slumlords whose only interest is to collect rent.

If you want to be safe:

Replace the common area batteries yourselves, make sure there is a smoke detector in the basement and a carbon monoxide detector in your apartment. You will now know that this is done correctly. Make a computer calendar reminder to change the batteries every time daylight savings time switches. It's a good life long habit. I'd also make sure the smoke detectors are working in your apartment.

If you are mad at the landlord:

When you sell a single family house (or probably any dwelling) in Massachusetts a fire marshall comes to check that all the smoke detectors are installed properly. I would imagine that someone cares that the common area smoke detectors, in a multi-family, are not in working order. It's worth a call to your local fire department.

Refrigerator? Agree with everyone above, pick up a small refrigerator as back up, and keep it in the kitchen or your room.

Front walk? These are the things you should check out before you rent or buy in New England, or in any snow area. You are from Maine, winter happens! A snow fall is not the major problem, the thaw/freeze cycle is. Get some over shoe/boot snow cleats on Amazon.

I'm surprised that the landlord/property manager is shoveling the walk, or hiring it out, I would think the tenants of a three family would be responsible.

And don't get me started about Bostonians putting a kitchen chair, or other item in the street, to save their dug out parking space.

Ugh. I hate winter.

Daughter,

Good advice by others - check your lease first.

Calling an inspector will only make the LL mad at you. Plus the inspector may say it's unsafe and YOU have to move out.

My first reaction: this has been going on for WEEKS!??? Didn't the other roommates warn you before you moved in? I sense they don't mind these problems.

Mail is a big issue. Have it delivered elsewhere such as The UPS Store or the apt next door. You might miss something very important and legal.

You might have rented from a bum and this is all the service you'll get. If so, grin and bear it until ready to move on.

Overall, I suggest fixing what you can fix. (Smoke detectors often have a low battery switch to keep them from beeping.)

Contain all food items so there is nothing for the rodents to eat (basic housekeeping where mice are present). Set some traps or bait - cheap fix.

Ask for his cooperation.

(At Convention, Fixer Jay taught us to get the most favorable reaction, start every letter with "We need your help.")

Batteries: pay a buck for a battery and fix it. Keeps your list smaller and he'll be more likely to cooperate.

Ask him to reply so you know he received the letter.

If no response in 1 week, send a photocopy of the letter marked SECOND REQUEST. Then THIRD REQUEST.

Then "If these are not remedied I'll be force to cancel the lease due to LL's non-compliance."

Good luck!

Daughter,

Does the manager have a form or method to report repairs? If so, use it.