Legal Question in Real Estate Law in Massachusetts

Re: Change in Lease

It's a good question, here are a few things to consider:

First, are we talking about a written lease signed by you (tenant) and the landlord? If so, then the landlord is probably not permitted to unilaterally modify that written agreement without your consent and signature (or at least having you initial any such changes to the lease).

I think it's fair to say that, at a minimum, you were entitled to notice of the change. If you received no such official notice of the change then there's an argument to be made that you are not subject to it or responsible for complying with it.

In the law we give some thought to the "materiality" or importance of the things we fight about, contest, litigate or challenge in court. Which term or provision of the lease is it that your landlord is seeking to modify w/out your consent? Does s/he seek to increase your rent, or impose living restrictions not previously agreed-upon by you which you would not have accepted when the lease was first negotiated and signed? Or is this a minor change that the landlord seeks to make that would not truly disadvantage you in any appreciable way? Always be selective when it comes to pursuing a legal action.

I hope this helps. My name is Len Foy and I am a practicing attorney in Massachusetts and New Hampshire, feel free to call my office at (603) 434-3437 or send me an email at [email protected] if you have additional questions. Good luck.