Michael Elbery

120 Old Pleasant St., Apt. 7

Lee, Mass. 01238

6-27-15

 

MTR Properties

P.O. Box 333

Sharon, Ct. 06069

 

 

 

MTR Properties:

I am agreeable, to your offer in your letter dated 5-12-2015, to continue as a "tenant at will" as has been my status since July 1, 2014 at the above address. As you request per same letter, when I do decide to end my tenancy at will I will give you notice.

I am unable to sign your proposed lease for the lease period starting July 1, 2015. That proposed lease has multiple illegal clauses, including provisions that would allow you to throw a tenant out on the street without Due Process of Law. In Massachusetts a tenant can be removed from a residential unit only by an Order of a Court of Law. Your lease is, at a minimum, a violation of 93A s. 9, and, is a case of Unfair and Deceptive Trade Practices. It is also extortion.

Your Manager, Rene Vincent, had told me that all the leases in the two buildings are the same. I am surprised that none of your tenants have contacted the Mass. Attorney General’s Office or one of the tenant protection watchdog organizations and initiated legal action concerning your illegal leases. Sadly, people do not understand the laws that exist to protect their rights.

As a tenant, who is over 62 years of age and legally disabled, I am also entitled under Mass. law to preferential treatment and an allowance to additional months to vacate an apartment due to eviction.

I presume that you will comply with Massachusetts law and give me the required notice for a "tenant at will" and abide by the preferential treatment provided me, as above, should you decide to end my tenancy.

I have kept detailed log of the various illegalities committed by you, the ownership entities that I have paid rent, Al Vincent, Renee Vincent, and the snowplow. The Federal Americans with Disabilities Act/ 29 U.S.C. s. 794, Federal Fair Housing Act/42 U.S.C. s. 3604 et al. provides for liability in a personal capacity and is not avoided by hiding behind a "Corporate Veil". Likewise, for Mass. Disabilities Act/M.G.L. C. 239 and C. 151B, 4(7A). The illegalities, herein this paragraph, occurred starting after my disability at the end of 2012 and are not voided from filing because of the statute of limitations to HUD or the Federal Court. Mass. provides alternatives with greater protection, and if using a 93A s. 9 complaint there exists a 4 year limitations on actions. The violations, herein, are also grounded in tort. To this date no action has been filed in either Massachusetts or Federal Courts or with HUD or MCAD. It is possible that I opt to pass on these very scandalous causes of actions via lawsuits should there be a change in conduct. Lawsuits of this nature can be so expensive and cause life to be uncomfortable for those who do not understand law.