Legal Question in Real Estate Law in Massachusetts

Baby grande in my livingroom, is this breech of contract?

My husband and I lease an apartment, and the woman originally said that the piano in the livingroom would be moved by our move in date, then the date has continued to change. It has been over a month, the room is not useable because the piano is so big. Is this a breech of contract? Can we withhold our rent until the piano is gone? Can we give her a week to have it moved, and use the rent money to have it moved and stored? What are our legal rights?


Asked on 1/03/01, 11:40 am

1 Answer from Attorneys
Stuart Williams

Re: Baby grande in my livingroom, is this breech of contract?

Do you have a written lease? I suppose you didn't get it into the lease. Yes, you COULD have it moved and stored, and probably be able to do so at her expense (out of rent) but it will make her awfully mad. Better to make threats in a mild way: "a lawyer told us to xxxx but we think that's rather extreme. Is there any we can assist you in getting this done?" You would be held liable for damage (possibly imagined) done by the move, so you'd make sure the paino movers were fully insured and that the owner would have the right to sue them without involving you.

I need a piano (although I prefer an upright). How much would you like to sell it for? -- Hey, maybe that's the way to joke about it ... ask the landlord how much he wants to get for it, or just tell him it's "lost and found" ("finder's keeper's!") in a light-hearted way.

Maybe you ought to have me or another lawyer make the call for you.

Where do you live?

Why aren't they moving it? No place to put it? Aren't they concerned about you damaging it?

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Answered on 1/05/01, 6:38 pm


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