Legal Question in Landlord & Tenant Law in Massachusetts
Unannounced spot check.
This is a question of two parts. My wife and I moved into our apartment 6 weeks ago. We were told by the rental agent that cats were allowed and that is why we choose this location. We have 1 cat and are not planning on having any more!
The landlady called us 2 weeks ago saying she would come over and talk about having a cat or not. Unfortunately, when we were moving in, we signed the lease and did not read it totally, just relied on the rental agent saying we could have the cat. However the lease says no pets.
She came over today, 2 weeks after calling us, unannounced and didn't ever discuss having the cat here, just telling us we have ''two days to remove the cat''.
She also did a spot check on a door and more-or-less accused me of cutting the door to make room for a rug, which neither of us did!
I am asking is there anything we can do either about the unannounced spot check or about the cat situation. Thank you in advance!
1 Answer from Attorneys
Re: Unannounced spot check.
Landlord does not have the right to do a spot check to the apartment. they may enter in the event of an emergency such as the notice water leaking from above or smoke from the apartment.
They may request access for a reasonable purpose for a valid reason, eg service on some equipment not to inspect the premises without reason.
With respect to the Cat and the lease, you signed a no pet lease, You can tell the broker either get her to allow the cat or terminate the lease and allow us to move without penalty. That includes refunding your entire deposit and any fee you paid the agent.
When you moved in, there should have been an inspection sheet for you to fill out and the landlord or her agent should have noted any cut rugs etc.
Good Luck. If you have more questions, please feel free to contact me.
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