Rent Return/Housing Question

Submitted by voicesofreasons t3_zzg4s6 in boston

Hi everyone,

Around 6 months ago, my apartment caught on fire (small and nobody was hurt), and everyone in the building was displaced. This happened around the middle of the month, so our rent for that month was already paid. The landlord didn't ask us to pay rent for the months afterward, and broke our lease, but my roommates and I were wondering if there is a possibility to get some of that rent back, from either the landlord or her insurance, since the apartment was uninhabitable for about half the month. We have mentioned this to the landlord but since this is Boston, she is of course dragging her feet. Many in this sub seem to be super knowledgeable about these things so I figured this would be the best place to ask. Thank you in advance everyone!

tl/dr: trying to see if it's possible to get rent money back for a month that was already paid after being unable to stay there half the month

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werther57 t1_j2bik36 wrote

Did your landlord offer alternative housing that month, like did she put you in a different unit or a hotel? What does the lease say about fire? By which date did the landlord break the lease?

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voicesofreasons OP t1_j2btcp0 wrote

She did not, essentially we were told to figure our shit out ourselves. The Red Cross gave us a bit of money, bless them, but it only would have been for a few days. The lease doesn't say much about fire, only that the landlord has the right to terminate the lease in the event of a fire. She terminated it a few days after the fire- around June 20th.

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Public_Substance451 t1_j2budyj wrote

Went through a fire. If the house was habitable, that is the end of your lease. They have to provide you the pro-rated rent for the remainder.

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SpindriftRascal t1_j2cm4rt wrote

If you paid through June 30, but she terminated June 20, she owes you at least that ten days of rent. (She may also owe you the other days between the fire and the termination, if the apartment was not usable.)

Whether she pays or not is a different question. If you’ve tried to discuss it, but she declines to offer a solution, you could try sending her a 93A demand letter setting out exactly what the problem is and what you’re looking for as a resolution.

https://www.mass.gov/consumer-protection-with-the-courts

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Honeywife20445 t1_j2dtep6 wrote

I think you need to do some research yourself- often landlords withholding $$ are legally on the hook for 3x whatever they owe you. So say she owes you $1000, you could sue her for $3000. I would act on this sooner rather than later so you can collect all that is owed to you.

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Yak_Rodeo t1_j2bi42m wrote

“she is of course dragging her feet” or maybe shes busier dealing with her property being burned?

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jojenns t1_j2cea3a wrote

Being a landlord is owning a small business. They have an obligation to deal with their property AND make their tenant whole here.

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voicesofreasons OP t1_j2bsfe3 wrote

She mentioned she would work with the insurance to try to get us that money back, but so far it seems like it hasn't been going anywhere. I understand her concern with the property being burned but I was also not having a lovely time over the summer with no permanent living situation

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