Legal Question in Landlord & Tenant Law in Massachusetts
can I have people sleep over my house and....
Last night my landlord's son ( whom they both live downstairs from me )was waiting outside for me in his truck until I got home to yell at me because I had my neice sleep over a few nights in the past week and did not tell him.
Do I have to tell him in advance if I have overnight guests ? she is not moving in. He also threatened to raise my rent if she stays there again by 100.00 per month. I have already sent my landlord a letter per our disscussion that I will be moving out by Dec31 2005 and he said that I might be out by the 1st of next month ( November 1st) if I keep making his mom mad.
Also I have 2 doors in my apartment one in the kitchen and one in the living room and he told me that I cannot use the one in the living room because it is a fire exit only. It is just a normal door with normal wooden stairs that lead to the side walk. Can he tell me I cannot use that door??
I just want to make these next month and 1/2 go smoothly but it seems like he just wants to fight. there are alot of other issues but my main questions is the '' guest policy'' and ''fire escape'' door.
Can I consider this harassment and what can I do ? I don't feel safe, it's me and my 4 year old that live there.
thanks
1 Answer from Attorneys
Re: can I have people sleep over my house and....
If you have a lease or rental agreement, you need to read it to find the answers. If there is no lease and no rental agreement, then, no, you do not have to have permission for guests, although if they stay more than a week or two, he might conclude they have moved in with you, unless you have discussed it with him beforehand.
He cannot raise the rent without following the rules, which are the same as for an eviction notice (notice to quit): written notice must be given before the end of a rental period to be effective at the beginning of the next rental period (the second rental period after the notice), e.g., notice must be given before the end of November to be effective January 1, 2006.
Your notice to him must meet the same requirements, which it appears to do from what you put in your question.
The issue of the door is a constant one in New England, since 3-deckers traditionally used the front doors and stairs only for guests and formal affairs, not everyday use. There is no law that prevents such use, and the tradition is falling off with more and more landlords not living in the buildings. If he insists on it, he is violating your "quiety enjoyment" and a court may make him pay you 3 months' rent for every time he violates your quiet enjoyment. Unless his son is a joint owner, or has been designated in writing by the landlord as his agent or manager, he has nothing to say about your use of the premises and, again, the landlord could be liable for 3 months' rent (and attorney's fees) for each violation.