Quiet Enjoyment Does replacing a septic system mean I breached quiet enjoyment??????

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Maree

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Hello: I was going to sell my house and I was hoping that a buyer would buy the house and we would negotiate the cost of the installation of a septic system.

I could not sell the house, so I hired a realtor and we rented it. I went forward with the septic installation, which the future tenants were told about, before they rented the house.

I went ahead an completed the installation, however, they withheld the first month's rent because their lawyer claims that I breached the "quiet enjoyment" that the tenants were entitled to.

What can I do? I live in Southboro Massachusetts.

I will be putting sod down next week and also making some mulching gardens.
 
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"Quiet enjoyment" means that you will not consistently bother the tenants over minor issues. It does not mean that repairs cannot be done on the unit. I'm assuming your tenants would be FAR more upset if the septic system did not work at all in the house they were renting.

It is highly doubtful that these tenants have "their lawyer".

You have rented to difficult tenants. You need to review the laws on how to evict someone in your state for nonpayment of rent.

Gail
 
Replacement of septic

Thanks for your response, Gail.

Oh they do have a lawyer. The lawyer called me and has a proposal for me.
The proposal is:

I reduce the rent for 7 months by $200 dollars and pay for the fee they were charged by the broker. total is 1400 plus 900....2300 for replacing my septic.
I can't believe this.
I will continue to try to figure out what to do next.
I live in Massachusetts.
 
What do you want to do?

You can always ignore the "lawyer's" phone calls. Frankly, I know of no lawyer who would propose such a thing over the phone. All the lawyers I've worked send written documentation, not phone calls.

Again, review the steps to eviction for nonpayment of rent in your state.

Gail
 
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