HomeMy WebLinkAboutNotice of Non-Relinquishment 817 Rte 28 Unit 14Rico Gramazio
81 7 RT 28 tlnir 1 4
South Yarmouth, Ma. 02664
October 2'r,2026
RECEIVEL.I
ocr 0 E 2026
HEALTH Di: ,
Bass fuver Propenies
2 Lynxholm ct.
Hyannis,Ma.02601
RE: Formal notice of Non-relinquishment of Rentai Unit and temporary relocation due to mold
remiadaiation 817 RT 28 unit 14 South Yarmouth,Ma. 02664
Dear Bass river Properties, I, fuco Gramazio,tenant at 817 Rt 28 - Unit 14,South Yarmouth,Ma 026&,
am writing you to formally notify you that I am NOT relinquishing,sunendering,abondoni ng,or
terminating my tennancy or any rights under the lease/rental agreement at the above- referenced
property.
As you are aware,the unit has documented mold contamination requiring professional mold
remediation. Due to this uninhabitable condition and the need for remediation,l have been required to
temporarily relocate to 159B Seaview ave,South Yarmouth,Ma. 02664 effective October 2'd,2026 -
October 23'd,2026. Given the circumstances, it is in question if the end date being the 23'd. If not
certified as habitabie by this date, extended stay at 1598 Seaview ave would need to be extended.
This temporary relocation is unde(aken for health and safety reasons and to allow for necessary
remdediation and shall not be construed as:
1. Abandonment of the premises under M.G.L c. 186 Sub-sec 14
2.Sunender or termination of my tenancy
3.Notice of intent to vacate
4.Waiver of any rights under Massachusetts law,including the implied warranty of habitability, state
sanitary code 105 CMR 410.750 , and M.G.L c.93A.
I expressly retain full legal possession of the unit and fully intend to return upon completion of proper
remediation and that the unit is safe and habitable.
I HEREBY REQUESTAND REQUIRE THE FOLLOWING
1. Preservation of tenancy: That my lease ,security deposit and last months rent,and all tenancy rights
rema.in in full force and effect during this temporary displacement and that you do no re-rent,lease, or
take possession of 817 RT 28 Unite 14 South Yarmouth,Mass. 02664
2.The unit be professionally remediated by a licensed licensed and insured mold remediation contractor
in accordance with applicable industry standards (llCRC S520),and that all underlying moisture
intrusion sources be identified and corrected.
3.Clearance documentation: That you provide me with a copy of the remediation protocol,contractor
documentation and
independent post-remediation verification ( clearance) testing confirming that the unit is safe for re-
occupancy prior to my retum.
4.Rent abatement: That we address in writing a full rent abatement for the period the unit is
uninhabitabie and reasonable cost of temporary displacement as provide under Massachusetts law
5. Rent abatement and alternative temporary housing. If the landlord provides altemative temporary
housing at landlords sole expense during remediation, tenant agrees that rent for 817 unil 14 South
Yarmouth shall be fully abated (100%) during the entire time of displacement beginning October 2'd,
2026,with not rent due for either the subject premises or the temporary accommodation. Tenants
acceptance of such temporary housing shail not constitute relinquishment, waiver or double recovery.
This provision does not waive any claims for rent differential,diminished value or additional costs due
to no comparable accommodation.
6. A) Legai authority M.G.L c. 186 sub-sec 14 Breach of implied wananty of habitability and covenant
of quiet enjoyment. Landlords failure to maintain premises from conditions rendering unit unfit
including chronic mold,moisture intrusion and failure to comply with state sanitary codes constitutes
breach entitling the tenant to rent abatement.
B) M.G.L. 186 sub-sec 18 Prohibition against retaliatory conduct.
Landlord may not retaliate against tenant for reporting violations of state sanitory codes to board of
health ,or exercising legal rights.
C) 105 CMR 410.000 chapter 2, minimum standards of fitness for human habitation. 105 CMR
410.750 (mo1d and moisture.
D) M.G.L c. 111 sub-sec BA Tenants right to rent withholding and rent abatement in summary process
when code violation exist.
Please confirm receipt of notice withing 5 business days. Direct all future correspondence regarding
remediation and re-occupancy to me ati fuco Gramazio 817 RT 28 Unit 14 South Yarmouth,Ma 02664
I reserve all right s and remedies available to me at Iaw and equty.
Sincerely,
Rico Gramazio
cc: 1)Town of Yarm uth Board of health
2) Attorney David Harsh