Re:
Facts
In the case where Miss. Pribbles is threatened with eviction from an apartment she has occupied for 10 years without any failure in paying rent promptly, her landlord, Mrs. Treblinka is angered by the fact that the Board of Health forced her to repair the house against her intentions. After Mrs. Treblinka moved out of from one of the apartments, she has not been keen on maintaining the units. Miss Pribbles sought the help of the Board of Health after all her efforts to contact her landlord to repair the furnace proved futile. She called and wrote letters and has the letters as evidence of her efforts to get Mrs. Treblinka to perform her duties. Mrs. Treblinka refusal to comply and or show concern on the suffering tenant sent a non-professional person (her son) to repair the furnace. The son did not repair the furnace effectively and Miss Pribbles suffered the cold winter in December.
Issue
Discussion
According to the law of the State of Massachusetts, an action of negligence of responsibility by a landlord must be proven to determine the landlords absconding of duties. In Miss. Pribbles case, her letters prove that her landlord, the defendant breached the law.
In a case involving Patricia Griffin and Powell, the court ruled in favor of the complainant stating that:
At the time when the tenant took dwelling, a decade ago, the furnace functioned effectively. However, a decade is long enough to demand maintenance and repair services to manage the furnace. Under the landlord-tenant code, the landlords must provide a secure unit for the tenants during their contract. The landlord is, therefore, liable of the damage caused to the tenant's health during the cold winter season.
Conclusion
In her effort to reestablish the good working relationship with the landlord, in my opinion, Miss. Pribbles needs to meet Mrs. Treblinka in person and let her know how she loves the apartments and longs for the good relationship they had before. Subjecting her landlord to a court process may worsen their relationship.
Structuring negotiations
In establishing negotiations between the tenant (Miss Pribbles) and the Landlord (Mrs. Treblinka), first I must get the two women especially Mrs. Treblinka, to agree and be willing to participate in the mediation process. In order to establish and construct the complete story, Mrs. Treblinka needs to state her side of the story. Although Miss Pribble is the one regretting and feels she is to blame for the strain in their relationship, her story is the only piece of information and part of the story that I know. Since Miss Pribble (the tenant) who wants to resolve the issue so she can keep living the apartment she likes, has letters to prove she contacted her landlady severally, Mrs Treblinka, too, needs to present her pieces of evidence (if any).
Once they both agree to the mediation agreement, they will sign a letter of acceptance within 21 days that will be their legal binding determination order. However, if they reject the agreement; for instance, if Mrs. Treblinka feels the proposal is unfair, the case will proceed to the adjudication stage.
Work Cited
Kent, David L, and Fillmore W. Galaty. Massachusetts Supplement for Modern Real Estate Practice. Chicago: Real Estate Education Co, 1996. Print.
Lencsis, Peter M. Workers Compensation: A Reference and Guide. Westport, Conn: Quorum Books, 1998. Print.
