Legal Question in Landlord & Tenant Law in Massachusetts

smoking issue

Could someone please direct me that where it is in what section of MA General Laws about what you do inside your apartment or home is your castle and what goes on in your apartment residence is your right as long you are not disturbing or being a nuisance to other parties? Reason for this after 14 years of smoking in a leased DUPLEX house the landlord now wants to change it to a non-smoking home. There is nothing that would interfere with her side by us smoking in our own rented home-apartment! This is an A side (landlords daughter) and a B side (where we live) of a house. This has never been a problem in the past of us smoking until the landlords daughter stated to her parents that ''no smoking be allowed''. Landlord now refuses to have a signed lease with us unless we agree to this stipulation which we presently won't agree to so therefore; we are currently tenants at will! We have always paid our rent on time every month. Since we are NOW tenants at will -- is it the landlord�s responsibility to maintain the driveway by snowplowing and sanding in the winter time? Our 16 yr old son has done this in the past by snowplowing the landlord�s daughter side and ours! Lawsuit pending due to broken water pipe from landlord daughter cellar


Asked on 2/01/09, 2:05 pm

1 Answer from Attorneys

Re: smoking issue

A Landlord can make it a condition of a lease that there be no smoking in the premises. However, after 14 years, there needs to be a legitamate reason for the requirement. The Landlord cannot arbitrarily change the rules even if you are month to month.

As to maintenance and snow removal, that would be dictated by your old lease. However, I would not change what you are doing so if the landlord wants to evict you, you can argue clean hands.

Ultimately, you cannot force a landlord to rent to you. If he wants to evict you or you to move ultimately he can get you out.

I am not sure what lawsuit is going on but I suggest you have legal oounsel to assist you.

Good Luck

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Answered on 2/01/09, 2:17 pm


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