1174 Snow Removal Page 2 of3
Dear Lisa,
Please also forward this email to your landlord.
Thanks,
Ernie
From: Ernie Mathieu
Sent: Thursday,January 18, 2007 9:06 AM
To: 'ldoolittle l98@comcast.nef
Subject: RE: Landlord vs. Renter's obligation
Hi Lisa,
Below is the section from " 105 CMR 410 000 Minimum Standards of Fitness for Human Habitation (State
Sanitary_CodeShapter II)" that addresses snow. This is all that the landlord has to comply to
Ernie—587-1213
410.452: Safe Condition
The owner shall maintain all means of egress at all times in a safe, operable condition. All
exterior stairways, fire escapes, egress balconies and bridges shall be kept free of snow and ice. All
corrodible structural parts thereof shall be kept painted or otherwise protected against rust and
corrosion. All wood structural members shall be treated to prevent robbing and decaying. Where these
elements tie directly into the building structural system, all joints shall be sealed to prevent water from
damaging or corroding the structural element.
From: Idoolittle198 @comcast.net [mailto:Idoolittle198 @comcast.net]
Sent:Thursday,January 18, 2007 8:34 AM
To. Ernie Mathieu
Subject: Landlord vs. Renter's obligation
Hi Mr. Mathieu,
Unfortunately we're renting - still -but this time @ 1174 Butts Pit Road, Florence. My question
- same as last year- is regarding snow/ice clearing. I am unable to recollect the obligation of the
landlord during the winter months. We are renting a typical five room ranch home... again
nothing in the lease regarding snow/ice removal... I remember last year it was deemed the
landlord's responsibility but that was when we were in a two family(198 State St.) - &the
complaint I had was the ice-ridden steps/walkway. The only information I can find says the
landlords obligation is to keep the entry-ways clear... nothing about the driveway.
If its my obligation, it's my obligation -but if it's not I could really use the"extra" time&
money. I am still working @ NHS 7:30 to 3:00 and Nov. - April I'm working at the
Interfaith Emergency Cot Shelter Monday-Friday 5:00 - 10:00.
I don't have the strength and/or energy to fight-nor am I interested - I am just looking for facts
regarding MA law that I can forward to my landlord who is an attorney and resides in Florida.
*Following this email I will try to forward you some conversations we've had regarding this
1/22/2007
Page 01.5
issue - I'm not real "computer savvy."*
Any assistance would be appreciated,
Thanks, Lisa G. Doolittle
1/22/2007
rage i 013
Ernie Mathieu
From: Carrie Goldstein [carriegoldstein @bellsouth.netj
Sent: Friday, January 19, 2007 3:03 PM
To: Ernie Mathieu
Cc: Idool ittle198@omcast.n et
Subject: RE: Snow Removal
Mr. Mathieu,
Thank you for taking time to speak with me today. I want to confirm that you stated that Northampton does not
have an be ontactingathe Department l
of Public H Health and as such you will
th and Safety to confirm the landlord's obligations.
As I stated my attorney advised me not to clear the driveway as there is no duty for me to clear the driveway and
that I would open myself up to liability if it were done improperly. I am attaching a few pages from the
Massachusetts Attorney General consumer brochure. As you can see from items 2 and 7, the Attorney Generals
office takes the position that the landlord must only keep the doorways clear. Walkways for single family homes
and driveways of single family homes do not need to be cleared by the landlord. Several towns have posted
guides on line that show that it is the tenants job to keep those areas clear. I believe Cohasset is one of those
towns.
I have told Lisa that I would have my sister clear the doorways -and by that I do include the stairways and deck. I
have offered her a rent reduction if she would like to do that herself since Massachusetts law also allows me to
contract that job to her. I was trying to be helpful because I thought she could then use that savings to hire a plow
man for the bigger job of keeping the driveway and walkways clear. However, my nephew and sister are standing
by to do the job and I certainly will not require her to do that job.
Please let me know if the Department of Public Safety takes a different view than the attorney generals office and
my attorney and I will be happy to comply.
Thanks again!
Carrie Goldstein
From: Idolittle198 @comcast.net [mailto:ldolittle198 @omcast.net]
Sent:Thursday, January 18, 2007 8:14 PM
To: Ernie Mathieu; Carrie Goldstein
Subject: Snow Removal
Seth & Carrie,
As requested by Ernie Mathieu-I am forwarding this email to you...
Lisa Doolittle
Forwarded Message:
From: "Ernie Mathieu" <emathieu @northamptonma.gov>
To: "ldoolittle198 @comcast-net" <'Idoolittle198 @comcast.net'>
Subject: Snow Removal
Date: Thu, 18 Jan 2007 21:49:25 +0000
1/22/2007
12/31/2001 23:06 9547830353 CARRIE GCLDSTEIN,ESQ
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Howe Page a Consumer Peoteednn s Qxeetlnee or the WeeY;cements tights
TENANTS RIGHTS
1. My previous landlord had sold the building I live In and now there Is
some confusion as to my last month's rent,which I know that I had
already pale.What are my rights here?
A: On the sale,foreclosure or other transfer of the building you are living In
as a tenant,the landlord must transfer your last month's rent to the new
landlord with the accrued Interest.The new landlord must give the tenant
written notice of the transfer within 45 days after he receives the money. If
the former owner falls to make the proper transfer, he or she would still be
liable to the tenant, but so Is the new landlord In the amount of the last
month's rent.The new landlord can discharge this duty to the tenant by
allowing the tenant to live free for the period covered by the last month's
rent. For any other questions, or problems you are having with your landlord,
please contact Attorney General Tom Reilly's Consumer Hotline at(617)
727-8400.
2. t just moved to Massachusetto and am new to dealing with snow.My
landlord didn't plow my driveway or walkway for me after this last
snowstorm.What does the law require?
A: A landlord Is required to keep all doorways dear of snow so that tenants
can come and go, but Is not required to shovel the walk or plow the driveway
or parking lot. Check your lease for any terms that cover snow removal to
find out If your landlord agreed to remove snow from any of these other
areas. For more Information on your rights as a tenant in Massachusetts,
12/31/2001 23:06 9547838353
CARRIE GDLDSTEIN,ESQ
please contact the Consumer Hotline and ask for our brochure.
3. I am just about to move into my new apartment and my landlord Is
asking for a lot of money up front.What payment an a landlord
require at the start of a tenancy and how can I protect the money I
do pay,
A; At the most, Massachusetts landlords can ask for nrst and last month's
rent and a security deposit, as well as a deposit for keys and lock.The
security deposit cannot exceed one month's rent. None of these charges are
required, so you may be able to negotiate payment with your landlord If you
are unable to make the payments at one time. If your landlord takes a
security deposit from you,then he/she is required to place that money Into
an account In a Massachusetts bank.Your landlord must give you a receipt
showing the amount of the deposit, your name, address,the name of the
bank and the account number In which your security deposit Is being held,
The landlord Is required to pay you Interest of 5% or whatever lesser amount
he receives annually on your security deposit,either by paying you outright,
or by allowing you to deduct that amount from your next month's rent. If
your landlord also charges you last-month's rent,then he/she has to provide
you with a receipt listing the amount of rent,your name,address, and a
notice that the landlord will pay you 5%interest yearly or whatever lesser
rate the bank pays on that account. If you move, the landlord must pay you
the amount of interest earned within 30 days, so the notice should list your
forwarding address.Befor you move in, you should also fill out a statement of
condition describing the apartment and any damages present at the time you
move In; sign the form; keep a copy for your records; and return it to you
landlord within 15 days. For more Information on your rights as a tenant,
contact our office.
4. I am getting ready to rent an apartment for next fell. What should I
be aware of as my roommates and I begin our search?
A: If you are using a broker to help with your search, remember that only a
licensed real estate broker or agent may charge you a tee for helping to find
you an apartment. The broker must also sign a contract with you,stating that
the broker or agent wIll give you a certain number(at least 5)of apartment
listings, and spedfying the fee and your requirements for an apartment.
When you do find a place you like, make sure you know the details of the
rental agreement. Ask, about what types of utilities you will have to pay for
and their annual costs. Check every plumbing fixture, light switch, appliance,
and door to make sure they all work properly. Discuss any repairs to be made
by the landlord, and find out about parking and snow removal in the winter
PAGE 02
12/31/2001 23:B8 9547838353
CARRIE GOLDsTEIN,E50
and security.A lease is a serious commitment,so take the time to ensure you
are getting what you want. For more important Information on renting and
your rights as a tenant,please contact our Consumer Hotline.
5. I had recently moved out of an apartment end my previous landlord
Is holding my security deposit,but I can't seem to find out why. What
can I do?
A: A landlord may only deduct from the security deposit unpaid rent,certain
unpaid real estate tax Increases, and damage beyond reasonable wear and
tear done to the apartment. You should have received a form at the
beginning of the tenancy to fill out describing the condition of the apartment,
so this should help you determine whether there was any damage. If you do
not think that any of these factors apply to you,you can go to small claims
court if the deposit is under 32,000, or contact our Office for a free mediation
service.
6 I am only one month behind In my rent and my landlord is
threatening to throw my property out and change the locks on my
door.Can he do this?
A: while non-payment of rent may be a legitimate reason for the landlord to
attempt to evict you from the premises, he must first take certain steps,The
landlord must send you a 14-day notice to quit, and if this Is your first notice
during the last 12 months he must give you at least 10 days to pay any back
rent you owe, Even If you cannot to pay the back rent, the landlord cannot
Just throw your property Into the street. In order to physically evict you,the
landlord must go to court and obtain an order for eviction, and you should
receive notice to appear at this hearing, After he gets and eviction order,the
landlord may physically remove your belongings and place them into storage
you(may also be responsible for the storage cost).
7, With the recant snowstorms,the entrance to our apartment was
covered with snow and my landlord never cleared the walkway.
Shouldn't he have done this?
A', That depends.The Code of Massachusetts Regulations requires landlords
to make sure every exit Is free from obstruction.This applies only to
apartment complexes with more than one dwelling, and does not Include
driveways. However, Massachusetts law does allow cities and towns to
provide additional ordinances and by-laws covering snow removal,so contact
your local government to see If you have additional protections,
8. My previous landlord had said the building I live In and now there Is
PAGE 03