Legal Question in Landlord & Tenant Law in Massachusetts
Realtor/landlord showing apartment multiple times a day
I rent an apartment in Boston, MA. My lease is ending in a couple months, and for the last month the apartment management company has been showing my apartment to prospective tenants. The problem is that they (or realtors acting as their agents) show the apartment almost every day, often multiple times in a single day. It is driving me insane.
I generally am called the night before (between 4-9PM) by realtors saying they have an appointment to show my apartment to a client sometime the next day (less than 24 hours verbal notice). The times they want to show the apartment ranges from 10AM-7PM.
I believe that allowing our apartment to be shown multiple times a day, 7 days a week is against my right to quiet enjoyment. I need to establish a better balance with the management company between my quiet enjoyment right, and their right to show the apartment to prospective tenants. My lease is pretty vanilla, and does not give them any special rights of entry beyond those stated in Massachusetts law.
Am I within my rights to set days/times that I allow my apartment to be shown (e.g. M-F 10-5)? Can I require 24 hour written notice before entry? I'd appreciate any advice to help me argue my point to the management company.
2 Answers from Attorneys
Re: Realtor/landlord showing apartment multiple times a day
M.G.L., c. 186, sec. 15B governs when a landlord (or agent) can enter the tenant's premises - which includes showing the property. The general rule of thumb is that the landlord should be "reasonable" meaning that he or she should make an attempt to arrange a
mutually convenient time to visit the apartment. You also need to be reasonable. You can't require written notice, but you may be able to work something out with the landlord to keep it within hours that you both agree on. Since it is realtors showing the property, you may want to contact the landlord (in writing) expressing that you feel the amount and timing of the viewings is excessive and is interfering with your rights as a paying tenant. Often the landlord has no idea what the realtors are doing. The realtors will push you as much as they can in order to make their fee.
If the landlord continues to show the apartment in an unreasonable manner, you can file for a restraining order at your local district court. It would be a good idea to have a "paper trail" as I indicated above before doing so so that the court can see that you have been reasonable. Attempting to restrict the landlord's entry rights to M-F 10-5 is not likely to be seen as reasonable.
Re: Realtor/landlord showing apartment multiple times a day
Depending upon the exact wording of the lease, they have a right to show it with your permission during reasonable hours, but you have a right to object to any times that are not convenient for you as long as you are not being unreasonable.
Give then notice in writing as to what hours you deem are not acceptable.
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