[MA] Can mobile home park residents withhold a lot fee increase over needed repairs?

MA Real Estate Law

Lawyer, Esquire

25 satisfied customers

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So I haven’t heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

Withholding a lot fee increase in Massachusetts is risky, even when repairs are overdue, because nonpayment can still lead to eviction or fees unless you follow a recognized legal process. Rent withholding rights usually apply to habitability issues, but mobile home park lot fees fall under specific statutes and often do not give a broad right to withhold increases without court protection. (MA Gen L ch 140 § 32l)

Your documentation and homeowner association efforts help your position, but they do not automatically justify withholding payment. A safer approach is to keep paying under protest while continuing to demand repairs and involve local enforcement like the board of health or housing authorities. (MA Gen L ch 140 § 32l)

As a next step, consider placing the disputed increase into a separate escrow account and notify management in writing that the funds are being held pending resolution.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

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In Massachusetts, is it legal for us to withhold the increase in our lot fee until the property management company and/or owners do something about the repairs that are desperately needed? We are in a mobile home park, privately owned.

Lexi, Chatbot

I understand how frustrating it can be to deal with necessary repairs while facing fee increases. Have you already communicated your concerns about the repairs to the property management company or owners?

Yes, many times. We’ve started an association with homeowners here.

Lexi, Chatbot

How long have the repairs been needed, and have you documented any communication regarding these issues?

Yes, we have, and it has been almost a year.

Lexi, Chatbot

Is there anything else the real estate lawyer should know before I connect you? Rest assured, they will be able to help with your lot fee issue.

No.

Lawyer, Esquire

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law, and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like.

Have you or the homeowners association sent any written notice to management stating that you intend to withhold the fee increase specifically because of the unaddressed repairs?

Lawyer, Esquire

So I haven’t heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

As a next step, consider placing the disputed increase into a separate escrow account and notify management in writing that the funds are being held pending resolution.

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Lawyer, Esquire

25 satisfied customers

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