MA - landlord's stuff still in "unfurnished" house

This is a discussion on MA - landlord's stuff still in "unfurnished" house within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; My boyfriend and I co-signed a one-year lease last week, to begin March 1, 2009 for a small house. The ...

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Old Mar 5th, 2009, 10:51 PM   #1
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Unhappy MA - landlord's stuff still in "unfurnished" house

My boyfriend and I co-signed a one-year lease last week, to begin March 1, 2009 for a small house. The landlord agreed to remove his furniture & belongings that were still in the house. As of today (3/5), the stuff is still in the house. We asked for a week's worth of rent credited, he refused, yelled & said that the property was listed as furnished. In reality, the listing said, "some furniture available if desired". We have a copy of that listing.
The lease we signed states that the property is to be unfurnished. His argument is that he does not owe us for the week's rent since he has to pay to have the furniture removed because we did not want it. I told the landlord in our very first conversation that we were not interested in any furniture, he stated that was fine, that it would be removed - there was no mention of a charge to remove it. We have an e-mail from the landlord stating that the stuff would be out by 3/7. That's a week of rent we paid for in which we cannot use the house in any meaningful way, though we were given access to it. He was also upset that we did not shovel the driveway during this week, when we can't even move in, can't access the garage where the shovel/snowblower is, and we live an hour away - this was part of his argument that he does not owe us for the week. Are we stuck in this lease?
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Old Mar 6th, 2009, 10:20 AM   #2
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Default Re: MA - landlord's stuff still in "unfurnished" house

If it continues you can break the lease if need be.

You could still live there while the furniture issue is worked out so some courts would probably hold you to that rent payment.
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Old Mar 10th, 2009, 10:04 AM   #3
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Default Re: MA - landlord's stuff still in "unfurnished" house

Send the LL a certified letter stating that you signed a lease to rent an unfurnished unit. Copy and include that section of the lease and highlight it for him. Until that unit is delivered in such a condition, you cannot use the property as per the conditions of the lease. State that you are unable to move your furniture into the property and begin living there with his belongings there. Since you are unable to live there or take occupancy of it during this time, you are entitled to a partial rent credit. You cannot fulfill any obligations under the lease terms until you can take occupancy so you cannot shovel snow or maintain the house in any way. Send this return receipt requested and keep a copy. If you are using part of the property, such as for storage of your items, expect only a partial credit for the week, not a full week's rent.

You are entitled to occupancy as stated in the lease. He needs to remove the items immediately. It is his responsibility to deliver the premises as stated in the lease. So any costs to deliver the premises in that manner (such as paying to remove furniture from it) are his to pay. He should not have offered the property unfurnished if he did not want to incur such a cost.
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