Legal Question in Landlord & Tenant Law in Massachusetts
Leasing Issue
I am currently a college student at UMASS Amherst. I lease a house from a company and pay monthly rent. The lease stipulates that parties are not allowed and also suggests that individuals over 21 can not drink at our house. Lately, with thie nice are we have been drinking on the porch. Our leasor hired a security company to drive around and has established a rule that there is to be no drinking on the porch or outside of the property, citing that those that do are in violation of drinking on private property. The security guard has yelled at us numerous times, and has suggested that he would be calling the police, however has yet to do so. Do we not have the right to drink on a porch of a house that we pay rent at if we are all 21 years of age?
2 Answers from Attorneys
Re: Leasing Issue
Provided you are not causing a public nuisance or otherwise violating city codes, you have the right to have a drink on your porch. You do not have the right to sit on your porch at 2:00 am singing and carrying on and drinking beer such that the neighbors are being disturbed.
Your landlord has a right to institute reasonable rules and regulations. It does not have the right to intefere with your right to quietly enjoy your home.
Re: Leasing Issue
The lessor of private property may impose reasonable and lawful regulations on his or her tenants. However, the lessor cannot seek police enforcement of the regulations unless the violation of the regulation is also a criminal offense.
I am not agreeing that the regulation is reasonable. I am not aware that laws against public drinking reach to the private property of a front porch. The laws against disturbing the peace, allowing the underaged to drink, and so on do, however.
You have a right to a quiet beer or glass of wine if you are of age, not a right to be loud at 2:00 a.m. Context is everything. I would suggest that you contact the local police department and ask them to advise you what constitutes illegal alcohol consumption on private property. Be polite; get them on your side. Be aware of police views. Amherst is, after all, a college town, and student drinking (underaged or not) adds to law enforcement problems (it certainly did when -I- was UMASS Amherst undergrad, many years ago).
In addition, you may have a claim against the landlord as it is for seeking to interfere with your quiet enjoyment of the tenancy. However, you should consider contacting a local attorney to see how the local district court might react to such a claim when alcohol is involved.
The attempt to prohibit lawful alcohol consumption as a private matter in leased premises is quite likely an unfair or deceptive act or practice in the course of trade or commerce. If the landlord owns 3 or more separate rental units, you can use the Massachusetts Consumer Protection Act to demand that the landlord stop the process.
I rather doubt that the courts would evict you for lawful alcohol consumption alone, even if the lease prohibits it. The courts -will- evict you if, during your consumption, you disturb tenants in other units.
Greg Lee
www.gregleelaw.com
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