When I moved into the apartment I am living in now I asked the agent about the utility costs, and I am finding that the utility costs are at least double the cost that the agent told me they would be. Also, there is a trash truck that comes by at 5 a.m. every morning to unload a dumpster next to my apartment and it wakes me up. Do I have any rights here?

In Massachusetts, we have a law which is a consumer protection statute that makes it illegal to engage in an unfair and deceptive way. The Attorney General has passed regulations that require that a landlord disclose any information that would be material for you to make your decision. Because the agent made the representation, you could make a claim against both the agent and the landlord for the misrepresentation as to what the utility cost is and the failure to disclose the fact that the trash truck comes by at 5 a.m. every morning, if the agent was aware of that fact. Otherwise, you could make a claim against the landlord on that problem. Your damages would be the additional utility charges over and above what was disclosed and, if you were going to move out of the apartment because of the noise factor, you could look to the landlord for the amount of your moving costs. In order to initiate the process against your landlord or the agent you should send a letter spelling out your complaints and ask for a reasonable offer of settlement. If the landlord or the agent fails after 30 days to make a reasonable offer of settlement you can then proceed with a court action and if you prevail you will be entitled to up to three times the amount of your actual damages plus your attorney's fees and costs incurred in bringing the legal action. Of course, this is all based upon the judge finding the facts as you allege them. If you simply leave and if you are under a lease your landlord could possibly sue you as a result of your breach of the lease. So your decision should be based upon how strongly you feel that you would win and that you believe you could prove the facts that you allege.

If you have questions about this or any other legal matter, please contact Tom Bennett at (617) 531-6574 or tvb@barronstad.com.