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 Post subject: Re:
PostPosted: Tue Feb 07, 2012 10:16 pm 
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Sasandra wrote:
Regardless of legality he didn't give me enough notice to decide if I wanted to stay or leave, and he was trying to just leave without that which is kinda crappy too, and illegal. They have laws for this stuff for a reason, my original reason is still valid for why he has to pay, I've been looking more to make sure I have all the information I need to win the case in small claims court and found out even more, the fact is i'm in the right here and he was in the wrong, if he had given me any sort of notice ahead of time, even a week so I could have decided what to do then that would be a different story.

So even when I thought that the 31st was still in time for me to give my notice too (which it wasn't) a 10 hour notice isn't near enough time to give someone to figure out something major like moving or the feasibility of finding a new roommate, and that's all I got.


Regardless of whether it's crappy, you really do need to consult a lawyer who is licensed in MA and understands tenancy law well. RD is an attorney, and he's pointed out reasons why you might not be successful in small claims court. There can be all kinds of underlying case law and principle that might affect this, and it might be that there are laws governing the situation you are unaware of.

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PostPosted: Tue Feb 07, 2012 11:22 pm 
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Well it sounded like he was more questioning the morality of me going after him, either way after talking to the landlord today it's pretty cut and dry, the tenancy-at-will agreement states 30 days notice in writing, MA state law (and federal law I believe) states one rental period or 30 day notice is required, whichever is great (in the case of Feb it's 30 days that takes precedence), it's now the Feb 7th, the landlord said she has still not revived a written notice from him and will back me on that, she talked to him about that today and told him she hadn't received it, if he hand delivered it today it's only 22 days notice at that point meaning the tenancy-at-will agreement stands until at least the end of March, which she also told him.


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 Post subject: Re: Legal advice
PostPosted: Wed Feb 08, 2012 10:21 am 
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Yeah, just to be clear (in case anyone from the NY or MA Bars happens to be reading!), I wasn't dispensing advice as a lawyer there, since I'm not admitted to practice in MA and don't know much of anything about landlord/tenant law. That was all just me spouting off as a layperson who happens to know Sassy in a personal capacity. In other words, IANA(MA)L! :)


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PostPosted: Wed Feb 08, 2012 11:28 am 
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Sasandra wrote:
Well it sounded like he was more questioning the morality of me going after him, either way after talking to the landlord today it's pretty cut and dry, the tenancy-at-will agreement states 30 days notice in writing, MA state law (and federal law I believe) states one rental period or 30 day notice is required, whichever is great (in the case of Feb it's 30 days that takes precedence), it's now the Feb 7th, the landlord said she has still not revived a written notice from him and will back me on that, she talked to him about that today and told him she hadn't received it, if he hand delivered it today it's only 22 days notice at that point meaning the tenancy-at-will agreement stands until at least the end of March, which she also told him.


To a degree he was doing that, but even though he's not a lawyer in MA, he's still better educated than any of us. It may appear cut and dried to you, but if there weren't all kinds of hidden pitfalls in legal matters.. there wouldn't be any lawyers. What I'm saying is, cover all your bases.

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