Legal Question in Landlord & Tenant Law in Massachusetts

Quiet Enjoyment Violation?

We have lived in our first-floor apratment for one month. The people above us moved in at the same time and brough a guitar, bongos, and two puppies. We have complained to management and a letter was sent. The music has ceased, but the puppies run around and bark at all hours. Additionally, we hear their phone, tv, microwave, and their every footstep.

We approached management about being let out of the lease. Their position is that they fixed the music and there was nothing they could do about the puppies. They offered us three options. 1) transfer to another apartment within the complex 2) transfer to another apartment in another complex they own 3) break the lease and incur large penalties. Can we still be let out of our lease for breach of quiet enjoyment when the landlord is offering us other options? Thanks


Asked on 12/29/03, 4:15 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Quiet Enjoyment Violation?

It is not clear that you have a breach of quiet enjoyment. Inspect the other apartments they are offering to see if maybe a top floor apartment might be less noisy and/or offer to find someone to take over your lease to avoid the penalties.

Joseph M. Murray, Esq.

56 North Bedford Street

East Bridgewater, MA 02333-1173

(508) 378-3944

[email protected]

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Answered on 12/29/03, 5:08 pm


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