Legal Question in Landlord & Tenant Law in Massachusetts

I have been a tenant in an apartment for 18 years. In going to renew the lease, the landlord is now insisting that I (and all residents) pay a monthly fee for parking the lot assigned to my building -- where I have parked for 18 years. These are not assigned spaces, though there are enough spaces per lot for two vehicles per apartment with many left for visitors.

Is it legal for the landlord to deny me occupancy (and, in essence, evict me) if I do not agree to pay this parking fee to park at an apartment I am already renting?


Asked on 4/15/12, 10:41 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Assuming that you are not under a current lease, you and your landlord are free to negotiate terms that are acceptablet to you both. If they are not acceptable to you or your landlord, either one of you is free to walk away from the deal. I can understand why you might feel you are being mistreated, but the landlord is entitled to get as much money as possible for the leased premises. The landlord must evict you legally through the courts, and cannot simply deny you occupancy. That would be an unlawful eviction.

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Answered on 4/16/12, 4:24 am


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