Legal Question in Landlord & Tenant Law in Massachusetts

No pets...

My wife and I have moved into an apartment in Quincy, MA. We moved in with our cat, which we were told by the agent was fine.

My wife was talking to the landlord yesterday and the cat was mentioned. She's coming to see us tomorrow to '' See what she can do''

Advice?


Asked on 9/26/08, 3:59 pm

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: No pets...

You should first look to your written lease agreement before your meeting with the landlord to see whether pets are permitted.

If pets are not permitted, then you are technically in breach of the lease agreement. Attorney Lee is correct that the only lawful course of action for the landlord is to commence an eviction action. Self-help on the part of the landlord is illegal.

If you are concerned about your rights as a tenant, please feel free to stop into my office. I am located in North Quincy.

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Answered on 9/27/08, 12:38 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: No pets...

If your tenancy agreement says "no pets," you have a difficulty, no doubt. The agent's oral statement that a cat would not violate the provision is not necessarily going to be a lot of help, as the agent will of course deny having said such a thing.

I'm not sure what the landlord's intent is from your writing. If she attempts anything more than a notice to quit for the alleged violation of the lease, she is entirely out of bounds. I would simply advise that you be pleasant and keep calm. If the landlady gets difficult or nasty, ask her to leave. She will have to seek to enforce the agreement in the courts; she cannot take any action without a court order.

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Answered on 9/26/08, 4:18 pm


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