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Posted by Israel on June 21, 1999 at 11:09:43:

In Reply to: No C.O. posted by Kathy on June 21, 1999 at 09:52:01:

In general you should withhold the rent... Go to you local housing court. Ask for a pro-bono attorney and as for his or her advice on this issue. When you withhold the rent make sure you send a certified and return receipt letter to your landlord in reference to your conditions and intentions. Document all the promises and dates when your landlord visit you, because your landlord will claim you didn’t give him access to the apartment or he/she was unaware there was a problem. Once you see a housing court judge (for withholding the rent) don’t promise or sign anything the landlord offers you. Let the judge make the decision, his word is law. It doesn’t hurt to hire a lawyer.

: Here's a question - I hope someone can help me. In January I paid 1st/last mos rent for a 2 bedroom apt that had not been completed. I was told it would be done, and I could move in 3/1. I was finally able to move in on 4/15, but it's still not done. I don't have a kitchen floor, there's a lot of baseboard trim, door trim, doorknobs, etc. - there is still a lot of finishing work to be done. The landlord still doesn't have a Certificate of Occupancy. We have been told by the Bldg. Inspector NOT to pay rent until he has it. My question is, when he does have it, and we start paying rent, do I have to pay for the 1st month, as I paid 1st/last? And he's not getting the work done, either, and he may end up going to jail (new girlfriend is more important than working). It took me screaming at him to get him to put a cover over the hot water heater, and I have a 2 1/2 year old running around. I live in MA, also. Any help would be greatly appreciated.

Follow Ups:

• Re: No C.O. Kathy 6/21/99 (3)
  • Re: No C.O.: Massachusetts Anna 6/21/99 (2)
    • Re: No C.O.: Massachusetts israel 6/21/99 (1)
      • Re: No C.O.: Massachusetts Kathy 6/22/99 (0)

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Comments:
: In general you should withhold the rent... Go to you local housing court. Ask for a pro-bono attorney and as for his or her advice on this issue. When you withhold the rent make sure you send a certified and return receipt letter to your landlord in reference to your conditions and intentions. Document all the promises and dates when your landlord visit you, because your landlord will claim you didn’t give him access to the apartment or he/she was unaware there was a problem. Once you see a housing court judge (for withholding the rent) don’t promise or sign anything the landlord offers you. Let the judge make the decision, his word is law. It doesn’t hurt to hire a lawyer.

: 
: : Here's a question - I hope someone can help me.  In January I paid 1st/last mos rent for a 2 bedroom apt that had not been completed.  I was told it would be done, and I could move in 3/1. I was finally able to move in on 4/15, but it's still not done.  I don't have a kitchen floor, there's a lot of baseboard trim, door trim, doorknobs, etc. - there is still a lot of finishing work to be done. The landlord still doesn't have a Certificate of Occupancy.  We have been told by the Bldg. Inspector NOT to pay rent until he has it.  My question is, when he does have it, and we start paying rent, do I have to pay for the 1st month, as I paid 1st/last?  And he's not getting the work done, either, and he may end up going to jail (new girlfriend is more important than working).  It took me screaming at him to get him to put a cover over the hot water heater, and I have a 2 1/2 year old running around.  I live in MA, also.  Any help would be greatly appreciated.


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