[dawgstah]

A fire was set on the first floor rear porch at 2am, it got so hot the tank on the grill exploded and the first and second floor porches were engulfed as well as the rear outside wall and part of the roof. There was a steel door on the porch entrance and the outside door, it kept the fire from getting inside the apartment but we got smoke, soot and water damage. The landlord has made a claim with his insurance company and Service Master has been in to clean the walls. We have had to wash everything else in the house, furniture, cloths, linnens, drapes etc. we have been paying the electric on 4 air scrubbers to clean the air and it is November in Boston and we are losing heat. The porch is destroyed and the door has been taped off with plastic and duct tape. The rear door also badly damaged has been taped off in the same fashion. Our home still smells badly of smoke all our cloths are now in green plastic bags and the reconstruction has yet to even begun. I told my landlord we would have to negotiate the rent as I believe we do not have 100 percent use of our home and it is actually QUITE distressing to live here. My landlord is DEMANDING all his rent and will not negotiate AT ALL. Obviously I am looking for another place to live but, what do I pay him in rent? Please help I am trying to be fair but he is really pissing me off with his attitude and non flexibility. Please advise. I live in MA.

[ScottGem]

I would send the landlord a certified letter stating that you feel the apartment is not 100% habitable and, until it is, you do not feel you should be required to pay the full amount of the rent. Therefore you are placing the rental into an escrow account until you can agree on a compromise rental. What will then happen is he will give you a pay or quit notice then file for eviction. The court will then order him to reduce the rent or you to pay the full amount.