## Hearing Outline - Speaking Guide **Core frame:** - Rent-abatement / property-damage case. - I paid rent as per lease agreement - I gave repeated notice of serious habitibility issues - Water kept leaking into my bedroom and onto my bed. - Board of Health confirmed the roof/ceiling repair issue. - Promised downstairs bathroom was never completed. - I moved out because the conditions remained unresolved. **Requested judgment:** **$2,617.50** | Category | Amount | |---|---:| | Rent abatement | $1,417.50 | | Mattress/property damage | $300.00 | | Prepaid February rent | $900.00 | | **Total** | **$2,617.50** | --- ## 1. Opening - 30 to 60 Seconds Use as talking points, not a script. - Rented room at **26 Sanderson Avenue**, with promise of a working 2nd bathroom by Oct. 31st - Tenancy began **October 15, 2025**. - Rent: **$900/month**. - I paid rent as required. - Main issue: repeated roof leak into bedroom.(Oct 31st, Nov. 16th, Dec. 2nd) - Water dripped onto my bed. - I reported it immediately and repeatedly. - Landlord acknowledged the leak and promised repairs. - Leaks continued. - Roof/ceiling was not timely/effectively repaired. - Board of Health inspected. - Board of Health ordered repair of water-damaged bedroom ceiling - Subsequent building inspection found the home to be an illegal boarding house. - Downstairs bathroom never made functional. - I moved out by **January 31, 2026** because conditions remained unresolved. - Requested judgment: **$2,617.50**. --- ## 2. What I Need to Show - **Serious condition:** repeated water intrusion into bedroom and bed. - **Notice:** texts, written repair request, Board of Health complaint, Chapter 93A demand. - **Failure to repair:** promises and claimed repairs did not result in timely effective repair. - **Reduced rental value:** bedroom use disrupted; bed/mattress affected; bathroom not completed. - **Damages:** 45% abatement, $300 mattress/property damage, $900 prepaid February rent. **Keep returning to:** water into bed, repeated notice, official confirmation, no effective repair, damages. --- ## 3. Core Timeline - Main path for testimony. - Exhibit 13 has full timeline if judge wants detail. | Date | Fact | Evidence | Why it matters | |---|---|---|---| | **Oct. 15, 2025** | Tenancy begins; rent is $900/month. | Exs. 1-2 | Establishes tenancy, rent, and payment. | | **Oct. 31, 2025** | First leak: water drips onto my bed around 1:30 a.m.; I report it immediately and send photos. Landlord says "That's not good" and "I'm on it." | Ex. 4, pg. 9, msgs. #69-75; Ex. 6 photos #1-3 | Serious condition begins; actual notice. | | **Nov. 16, 2025** | Second leak into bedroom/bed around 3:40 a.m.; landlord says he thought it had been fixed and would get someone there "as an emergency." | Ex. 4, pg. 12, msgs. #109-111; Ex. 6 photo #4 | Repeated leak; prior response did not solve it. | | **Nov. 26, 2025** | I send formal written repair request identifying roof leak, ceiling damage, and unfinished bathroom, and also filed a complaint with Lynn BOH | Ex. 3; Ex. 4. pg. 15, msgs. #114-119 | Formal written notice; landlord cannot claim he did not know. | | **Dec. 2, 2025** | Third documented water intrusion; bed/mattress affected; I state the bed has now been rained on three times since move-in, probable damage to it. | Ex. 4, pg. 16, msgs. #126-128; Ex. 6 photo #5 | Ongoing condition and property damage. | | **Dec. 12/15, 2025** | Board of Health inspects and issues report ordering repair of the bedroom ceiling damaged from water leaking; inspector says to find source and repair ASAP. | Ex. 5 | Independent official confirmation. | | **Dec. 19, 2025** | Rain is forecast; I protect/disassemble bed again and provide three local contractor contacts for emergency repair. | Ex. 4, pg. 17-18, msgs. #136-145; Ex. 6 photo #6 | Reasonable mitigation; still no clear effective repair. | | **Jan. 7, 2026** | I send Chapter 93A demand by certified mail and email. | Exs. 8-9 | Formal statutory demand; confirms the issues were still unresolved. | | **Jan. 18-20, 2026** | Landlord suggests I find another place to live, then says "Roof is fixed" and "Ceilings will be fix today." I document that the ceiling still was not repaired. | Ex. 4, pg. 23-24, msgs. #187-197; Ex. 6 photos #7-8 | Claimed repair versus visible unrepaired condition. | | **Jan. 23/27, Feb. 3rd 2026** | I terminate tenancy, request return of prepaid February rent, confirm move-out, and do not occupy in February. | Exs. 10-12; Ex. 4, pg. 25, msg. #202 | Move-out followed unresolved conditions; prepaid February rent should be returned. | --- ## 4. Damages ### A. Rent Abatement - $1,417.50 - Affected period: approximately **October 15 through January 31**. - Rent during affected period: **$3,150.00**. - Requested abatement: **45%**. - Amount: **$1,417.50**. **Why 45% is reasonable:** - Repeated water intrusion into bedroom and bed. - Bed had to be disassembled/protected during rain. - Damaged/stained ceiling. - Board of Health-confirmed repair issue. - Promised bathroom never completed. ### B. Mattress / Property Damage - $300 - Mattress/bed was repeatedly exposed to water. - Receipt supports original value above the amount requested. (Ex. 7) - I am requesting **$300**, not the full original purchase price. **Evidence:** Exs. 6-7 ### C. Prepaid February Rent - $900 - I paid **$900** as last month's rent at lease signing. - I vacated by **January 31** and did not occupy in February. - I requested return of prepaid February rent. - It was not returned. **Evidence:** Exs. 1-2, 10-12 --- ## 5. Secondary Issue - Downstairs Bathroom **Use this briefly. Do not let it overtake the roof leak.** - Separately, the landlord promised the downstairs bathroom would be completed and usable. - It remained unfinished/non-functional during the tenancy. - I asked for updates, and landlord acknowledged work was supposed to be happening. - It was never completed before I moved out. **Key evidence:** Ex. 3; Ex. 4 msgs. #108, #112, #114-121, #139; Ex. 6 photo #9 **One-sentence point:** - Separate from roof leak. - Not the main emergency. - Still reduced value and usability. - Supports rent abatement. --- ## 6. Construction Background / Optional Aggravating Point **Use only after the main timeline. Keep it careful.** - Exhibit 14 shows active Massachusetts HIC registration, HIC No. 214797, during the relevant period. - Exhibit 15 shows The Curtice Group (home renovation company) publicly listed Wilgens Joseph as a Project Manager - This supports construction and repair-management knowledge. **Do say:** He knew or should have known repeated water intrusion through the roof/building envelope was serious and required prompt competent repair. **Do not overstate:** I am not claiming these exhibits prove specialized roofing expertise. **Point:** The background makes prolonged inaction and ineffective repair management less excusable, supporting a claim of gross negligence. --- ## 7. If Defendant Says... | Defense | Short answer | |---|---| | **"I fixed it."** | The evidence shows later leaks and unrepaired ceiling conditions after repair promises. Ex. 4; Ex. 6 photos #7-8. | | **"I was trying to get contractors."** | The issue is not whether he made some effort. The issue is that no timely effective repair stopped water from entering my bedroom. | | **"The bathroom was not important."** | It was secondary, but it was promised, acknowledged, and never completed. It reduced rental value. | | **"The tenant moved out voluntarily."** | I terminated after months of unresolved water intrusion, repeated notice, Board of Health involvement, and no timely effective repair. | | **"The mattress claim is too high."** | I am not asking for full replacement cost. The receipt supports a higher value; I am requesting $300. | | **"The HIC/Curtice evidence does not prove roofing expertise."** | Correct. I use it only to show construction-related knowledge and repair-management background. | --- ## 8. Exhibit Map | Issue | Exhibits | |---|---| | Lease / tenancy / rent amount / last month's rent | Exs. 1-2 | | Formal written repair request | Ex. 3 | | Text notice and repair history | Ex. 4 | | Board of Health confirmation | Ex. 5 | | Leak, ceiling, bed, bathroom photos | Ex. 6 | | Mattress value | Ex. 7 | | Chapter 93A demand | Ex. 8 | | Certified mail tracking | Ex. 9 | | Termination notice | Ex. 10 | | Prepaid February rent request | Ex. 11 | | Move-out confirmation | Ex. 12 | | Full timeline | Ex. 13 | | HIC registration | Ex. 14 | | Curtice Group employment / project manager evidence | Ex. 15 | --- ## 9. Closing Closing points: - I paid rent. - I gave repeated notice. - Landlord acknowledged the leak. - Landlord promised repairs. - Water still entered my bedroom and bed multiple times. - Board of Health confirmed the repair issue. - Promised bathroom was never completed. - I moved out because conditions remained unresolved. I am requesting judgment for **$2,617.50**: - **$1,417.50** rent abatement, - **$300** mattress/property damage, - **$900** prepaid February rent. **If asked for the bottom line:** - Repeated leaks into bedroom and bed. - Continued for months after notice. - Board of Health confirmed roof/ceiling issue. - Promised bathroom never completed. - Requested judgment: **$2,617.50**. --- ## 10. Hearing Reminders - Speak naturally; do not read long passages. - Lead with the roof leak, not the bathroom or contractor background. - Use dates and exhibits to answer questions. - If interrupted, stop immediately. - If Defendant misstates facts, correct with date + exhibit. - Keep Exhibits 14/15 short and careful. - Return to the same spine: **water into bed, repeated notice, official confirmation, no effective repair, damages**.