Run for cover or run to win
The building inspector came this afternoon. About ten minutes before he arrived, so did the landlord and one of his contractors.
Questions of temperature and security were properly a matter for the health inspector, the building inspector said after looking at the situation, but he got our landlord to agree to replace all sixteen necessary windows in the apartment in order to bring it up to code—if not, he would have no choice but to write our landlord up for code violation. The contractor roughed out a timeline and told us what he'd need to do and everybody went home.
adrian_turtle and I wrote and mailed that afternoon a letter to our landlord thanking him for agreeing to replace the sixteen windows on the timeline we were given to understand by the contractor. We mailed a copy to the City of Somerville as well. I don't trust handshakes.
I went to see Miriam Hopkins, Fredric March, and Gary Cooper in Ernst Lubitsch's Design for Living (1933) at the Brattle with
derspatchel. It was marvelous. I didn't think you could make jokes about first base even in pre-Code films, especially to Edward Everett Horton's face. Or say the word sex and mean it. I wanted to come home and write about it.
I got out of the movie to find a set of texts from Adrian: the landlord had called her twice. Refusing to replace the windows. He was offering to fix them. It had been previously established that there was no acceptable, i.e., code-compliant fix but to replace them. He couldn't afford it, he said. Didn't we know it got cold in winter? Didn't we understand how paying for heat worked? We were being unreasonable. This was Somerville. If we didn't like it, we could go somewhere else. Either way, he wouldn't do it.
I have left a message for Inspectional Services. I am done with handshakes. I want paper and ink and I want it on record that it is not naïveté on our part to expect the apartment we are paying nearly two thousand dollars a month for to retain the temperature we set the thermostat to, not bleed it all out the windows. We may no longer have a salvageable relationship with our landlord. (He seems to regard me as the unreasonable one. I am fine with that.) We may not have an apartment when this is done, or at least not this apartment that we were beginning to make a home. That is a source of great anger for me. I had come to love it already, stupid cater-corner closet and all. But the landlord is not invested in letting it be our home, nor perhaps a home for anyone, if he really believes the cold is not his problem and the nice paint and the new floors are all we should content ourselves with—surfaces, not substance. And I will not settle for surfaces. And Adrian is calling a lawyer. And I hate all of this.
Questions of temperature and security were properly a matter for the health inspector, the building inspector said after looking at the situation, but he got our landlord to agree to replace all sixteen necessary windows in the apartment in order to bring it up to code—if not, he would have no choice but to write our landlord up for code violation. The contractor roughed out a timeline and told us what he'd need to do and everybody went home.
I went to see Miriam Hopkins, Fredric March, and Gary Cooper in Ernst Lubitsch's Design for Living (1933) at the Brattle with
I got out of the movie to find a set of texts from Adrian: the landlord had called her twice. Refusing to replace the windows. He was offering to fix them. It had been previously established that there was no acceptable, i.e., code-compliant fix but to replace them. He couldn't afford it, he said. Didn't we know it got cold in winter? Didn't we understand how paying for heat worked? We were being unreasonable. This was Somerville. If we didn't like it, we could go somewhere else. Either way, he wouldn't do it.
I have left a message for Inspectional Services. I am done with handshakes. I want paper and ink and I want it on record that it is not naïveté on our part to expect the apartment we are paying nearly two thousand dollars a month for to retain the temperature we set the thermostat to, not bleed it all out the windows. We may no longer have a salvageable relationship with our landlord. (He seems to regard me as the unreasonable one. I am fine with that.) We may not have an apartment when this is done, or at least not this apartment that we were beginning to make a home. That is a source of great anger for me. I had come to love it already, stupid cater-corner closet and all. But the landlord is not invested in letting it be our home, nor perhaps a home for anyone, if he really believes the cold is not his problem and the nice paint and the new floors are all we should content ourselves with—surfaces, not substance. And I will not settle for surfaces. And Adrian is calling a lawyer. And I hate all of this.

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HUG HUG HUG HUG HUG HUG
HUG HUG HUG HUG HUG HUG
I am very sorry to hear about the landlord. Let me know if I can help in any way.
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whacks upside the head for the landlord.
His actions are completely unacceptable - the place has to be habitable and up to code. I guess he's going to get written up for a code violation. And hopefully have karma bite him in the ass, too. When Adrian talks to the lawyer, make sure she asks about the legalities of withholding rent, because you should not be paying anything for this if at all possible.
I'll keep my fingers crossed for a happy ending.
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I hope Inspectional Services takes off its mild-mannered suit and changes into Implacable Nemesis, Foe of Landlords: who will rip the bastard into bleeding shreds.
*hugs*
*hugs*
for you and Adrian.
Let me know if I can help.
Nine
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I am so sorry to hear this. The landlord is vermin, and makes the most obnoxious and unreasonable publican of my acquaintence sound like a near-saint.
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The inspector should have cited him. He may have given the impression he is doing you a favor by not doing so---would you be allowed to continue living in a building deemed uninhabitable?---but the landlord is probably well known to the office already, this kind of behavior does not come from nowhere.
Arrange to have someplace to go if the landlord shows up and vindictively removes windows or something. Seriously.
I advise you not to be angry, but to remember that the landlord has been in the community for a long time, and he is embedded there like a tick. He is their tick. You have to keep in mind that these guys have webs of buddies and networks of vague obligations and Catholic schools and old friends of the family kind of like the Mafia, and you only are regarded as a human if you are in those networks. It is sad but true. Students and tenants are meat.
Everyone has a shithole apartment story. (Many of them involve Somerville or Brookline, isn't that odd.) You have learned a lot about how to rent an apartment from this. You have learned to look at everything carefully, tediously, open and close every door and window and check that every outlet works and the water and plumbing are functional. Better to do that now, believe it or not, than later; and it's better you found out about this place now rather than taking possession in mild weather (when you'd be all, "Wow, place is noisy, huh?"), getting really settled and then having the situation become clear next autumn.
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On a lighter note:
I didn't think you could make jokes about first base even in pre-Code films, especially to Edward Everett Horton's face.
There's a movie called King of Jazz (1930), an early-sound, early-colour, plotless revue of musical numbers and blackout routines. Edward Everett Horton appears in one of the latter, asking his girlfriend's father for permission to marry her:
Father: Can you afford to support a family? After all, two can well become three, or more.
EEH: (pauses) Well -- we've been lucky so far.
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Man, I am so sorry. "This is Somerville"...where people are just tougher? Where people don't need heat to survive in winter? Wow, the things you learn!/obvious sarcasm.
Uggggh, I wish I could do something.
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I mean, it's one thing to cut corners, and another to make the apartment actually uninhabitable.
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You should absolutely check with your attorney before acting on this, and I’m sure there are all sorts of is that need to be dotted and ts that need to be crossed, but I have a notion that in Massachusetts, if your apartment is not habitable for long enough, you can (1) put rent in escrow until you are provided with what your contract and (more importantly) Massachusetts housing law say you are due, and/or (2) find other housing and charge your landlord for it. (If you try anything that confrontational, I’d recommend documenting carefully the state of the apartment and your stuff in it, since your landlord is an scumball and he has a key to your home.)
If
(And if I weren’t halfway through a slow house reorganization of my place, I'd have a warm place for one or the other of you to stay for a few days now and then as needed, albeit in Quincy. But if things get desperate, ping me.)
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Tenant's rights attorney's point of view
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Nine