Your landlord must know about the bad conditions in your apartment. Your landlord has knowledge of bad conditions if:
- the problem existed before you moved into your apartment,15
- your landlord actually sees the problem,
- you tell or write your landlord about the problem (it is always best to notify your landlord in writing),
- the Board of Health notifies your landlord about a problem,16
- another tenant has notified the landlord about a problem that affects you, too, or
- the problem existed at the time a new landlord bought your building.17
15 . McKenna v. Begin, 5 Mass. App. Ct. 304 (1977); McKenna v. Begin, 3 Mass. App. Ct. 168, 173-174 (1975).
17 . See endnote 16. See also Bank One National Association v. Colon, Hampden Housing Court, No. 00-SP-1309 (Fein, J., August 1, 2000) (landlord's liability for breach of warranty attaches when it purchased the premises); Young v. Jackson, Boston Housing Court, No. 40979 (Abrashkin, J., April 10, 1987)(liability for violations attaches at the time of transfer of ownership).