Legal Question in Landlord & Tenant Law in Massachusetts

Re: Issues with neighbors/landlord

A Landlord is not responsible for actions of the upstairs tenants but he is responsible for making sure reasonable actions are taken for your protection.

I have a few suggestions:

1. Put your complaint in writing and indicate that it is creating both an unsafe environment and why and that you expect it to cause the cost of heating your unit and common areas to increase over last year.

2. Suggest he replace your door with a security front door so that if someone does enter the premises at least you will have greater protection or that he install a systmen that would allow visitors to be buzzed in thus making leaving the door unlocked unnecessary.

3. Make it clear that if your apartment is vandalized or robbed as a result of this situation you will have to tell your insurer and you will look to him to cover anything your insurer does not.

4. The Landlord has the authority to make reasonable rules for his tenants and not leaving the front door unlocked is one of them. Enforcing the rule is another.

Good luck.

Re: Issues with neighbors/landlord

It seems to me that the state Sanitary code requires that the door be locked and lockable at all times. You should call your local housing enforcement official, usually attached to the health department, and get an opinion as to whether the lock meets the criteria.

In addition, your landlord is indeed liable for failing to enforce reasonable regulations of security. Having been put on notice, he is liable for harm that occurs to you. I suggest that you send him a certified letter, copy to the health department official, and copy to the upstairs tenants, stating that you expect the door to be looked and remain locked. If they are too damned lazy to come down to get their friend -- well, too bad.