Legal Question in Landlord & Tenant Law in Massachusetts

Unlawful Rent Increase

After going away for a few days, we returned home to see that someone had been in our house. Upon the arrival of the police, we found out that it had been our landlord, but for no good reason. An hour after the police left I received an email saying that the rent was increasing by $250 effective on the first of the month(2 1/2 weeks later). After not paying the increase, he locked up my basement which had storage and my work tools and said that I no longer had access to the back yard either. After the police got them to unlock the door so I could get my things I received a notice to move out in 14 days due to nonpayment of rent($250 increase). We are fully up to date with our regular rent. How can this possibly be legal? Please help me try to understand.


Asked on 9/12/06, 9:04 pm

1 Answer from Attorneys

Re: Unlawful Rent Increase

I assume you are a tenant at will. Your landlord has to give 30 days notice of a rent increase and cannot take away elements of your rental area.

He can raise your rent, but his 14 day notice is not the end of it. You may have a good case for his wrongful actions. You have a number of options and defenses to his action. More importantly, he has to go to court to evict you.

The fact he entered the apartment without notice and his other actions will not sit well with the court. Moreover, his rent increase needs to be based on the market rent, not his perception of what he thinks the unit is worth.

If you have more questions, please feel free to contact me.

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Answered on 9/12/06, 9:28 pm


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