November 9, 2012:
Joshua N. Garick settled a summary process matter where a landlord attempted to evict his client for failing to pay rent. Attorney Garick filed several counterclaims against the landlord including claims that (1) the landlord maintained the premises in uninhabitable conditions given an infestation of mice; (2) the landlord shut off the tenant’s electricity in an attempt to forcefully evict the tenant; and (3) the landlord failed to document receipt of last month’s rent and a security deposit received at the commencement of the tenancy.
Attorney Garick convinced the landlord and the landlord’s counsel that his conduct violated the Security Deposit Statute, the covenant of quiet enjoyment, the implied covenant of habitability and the Massachusetts Consumer Protection Act (M. G. L. c. 93A). Further contributing to the settlement was the landlord’s unlawful attempt to invoke self-help eviction. As a result, the landlord agreed to waive $10,100 in past due rent as well as pay $3,250 in other damages including attorney’s fees.
The Law Offices of Joshua N. Garick, P.C. has extensive experience representing both landlords and tenants in various disputes arising out of both commercial and residential tenancies. Whether you are a tenant being evicted for a violation of a lease term, non-payment of rent or without cause; or whether you are a landlord seeking to invoke your rights to regain possession of your property, it important to consult with an experienced attorney who can advocate for your rights.