Legal Question in Landlord & Tenant Law in Massachusetts

Is our landlord violating our right to quiet enjoyment

My fiance and I currently rent a 3 bedroom home. We have a front and backyard. Now that the weather is nice our landlord is there ALL the time gardening in our yard. We don't even use our patio furniture as they are always there. We want to be able to enjoy our yard without them there all the time. Often there all day on weekends (7am-5 or 6pm) and most weekday mornings.

Our they violating our right to quiet enjoyment of our yard?


Asked on 5/21/07, 12:07 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Is our landlord violating our right to quiet enjoyment

In Massachusetts, a Landlord is permitted to enter the leased premises under the following conditions:

1. to inspect the premises;

2. to make repairs; or

3. to show the premises to a prospective tenant, purchaser, etc.

Any provision in your written lease to the contrary or expanding those conditions is void as a matter of law.

You should have an attorney review your lease to determine whether the "leased presises" is limited to your unit, the entire structure, or the entire property. It would also be helpful to know whether the Landlord resides or rents other units on the same property. If you have leased the entire property, your Landlord has no right to take possession of the yard - and such action would constitute interference with your right to the use and quiet enjoyment of the leased premises.

Please feel free to contact me if you would like your current lease reviewed or would like help in taking further action in this matter.

[email protected]

www.vaughnmartel.com

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Answered on 5/23/07, 2:50 pm


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