Q: I lost my job in september and no longer could afford my rent. I went to the leasing office and they told me that i
would have to pay three months to move out with 60 days notice. then a month later my apartment flooded. I went and asked them to break my lease...again.. they said that i would have to pay 3 months to move out that the only thing they could do for me was move me to another unit and once i did they extended my lease too.. november went by and i couldnt afford the rent, december came and we are not finished the month i am already told that they are breaking my lease i owe them 2 months and if i dont pay anything towards it i am going to be taken to court and i wont be able to get another apartment anywhere. I can't get any help from my city none of the agencies have funds and the only one that does needs be to have a court date and an eviction notice from the court. What can I do to stay away from being homeless?
A: The Western Housing Court has jurisdiction over residential properties in Springfield.
If you have a Lease (and from your description you do) and if you are unable to pay that Lease (and it appears that you have not) then the Landlord/Management Company can bring a Summary Process Action against you to evict you for Non-Payment and Breach of Lease.
Have they already given you a Notice to Quit? Typically this would be a Fourteen (14) Day Notice. They cannot serve you with the Summary Process Summons and Complaint until the Notice to Quit has been served and expired.
Unfortunately, the inability to pay rent will not immediately release you from your obligations under the Lease.
Now, from your description, there is a local agency that is able to assist you with payment, BUT ONLY after you have received the Notice to Quit and the Summary Process Action has been commenced.
There should be a Lawyer of the Day and/or a Legal Assistance attorney at the Springfield Session of the Housing Court.
The Western Housing Court has Housing Specialists who will assist in finding a resolution to your situation. They work for the Court, not for you.
You should make sure that you get clear and complete instructions from the agency that will be assisting you with your rent payments.
Best of luck.
I am a Massachusetts Licensed Attorney and my response is based upon Massachusetts Law. This answer does not constitute legal advice or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.