Legal Question in Landlord & Tenant Law in Massachusetts

Does landlord have a right to do these things?

tentant since Jan02 in a duplex with landlord living on the other side i have my own private yard,fence is all around my side, new lease for Jan now states #1)that my sons cannot have any kids stay overnight at all,(isnt' that against the law? #2)landlord came and took down my fence that went from driveway to backyard and said too bad for my dog and my belongings in the backyard. it was locked with lock and chain at the time. security issue! (I have 4 wheeler, mini bike, bikes and motor bike back there)i had fixed fence from wood that had rotted but there wasn't anything wrong it when they took it down. #3) I have a shed that was on original lease for me to use for the above mentioned items and now they are telling me they are taking that down and to remove these items in it (it is a metal shed, nothing wrong with it at all, on my side of property and have used it for past 3 yrs) #4) I asked permission before I purchased a trampoline and after two months of owning it, one day they came in my yard and took it down and told me they would call the police it I put it up again. #5)Landords have a camera with voice on me all day & night long. #6)Took down storm backdoor never replaced now snow/rain/cold air comes in floor is ruin


Asked on 12/15/05, 12:40 pm

1 Answer from Attorneys
Raymond P. Bilodeau Law Office of Raymond P. Bilodeau

Re: Does landlord have a right to do these things?

Sounds like you and the landlord have conflicts that have not been resolved. Since I only have your side, it is hard to give you a complete answer.

The short answer is that the items you spoke of came with the rented premises unless the lease or rental agreement says otherwise, and the landlord cannot arbitrarily change things without your permission, especially if it exposes your personal property to theft or the elements, unless it is a safety question (the trampoline may have caused someone to question if his insurance covered harm due to the trampoline).

These are grounds for reducing the rent due and for charging the landlord with violations of your "quiet enjoyment." There are 3-month penalties for each violation, plus legal fees and costs, especially if the lease provides you pay his legal fees and costs.

Send the landlord a letter, certified return receipt, "pursuant to Mass. General Laws Chapter 93A" stating the violations and demanding 3 months' rent for each violation. He has 30 days to send you a written reply, after which you can take him to court.

For the rain coming in, call the board of health or housing code enforcement office in your town. If it is as bad as you say, they will order the landlord to replace the storm door (and any other violations they find).

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Answered on 12/16/05, 8:37 am


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