Legal Question in Real Estate Law in Massachusetts

Landlord rights to come to apartment

I have been living in Boston for a month. Over the past week our landlord as let people into our apartment on severeal occasions when we are not at home to show it to other peopl. He has never given any notice of these visits. I'm from Ireland and in Ireland the landlord is not allowed just walk into your apartment whenever he feels like it and he certainly wouldn't be able to bring anyone else there either especially without prior notice and when you're not home. What is the law like in Massachusettes on this matter. Is he allowed to do what he's doing. any help would be appreciated as I'm very angry with him and I want to know am I legally correct in telling him that he's not allowed do this?


Asked on 5/08/02, 2:54 pm

2 Answers from Attorneys

Richard Klibaner Klibaner & Sabino

Re: Landlord rights to come to apartment

The Consumer Protection Regulations of the Massachsuetts' Attorney General's office provide that a landlord may only enter your unit (i) to inspect the unit, (ii) to make repairs to it, (iii) to show it to a prospective tenant, purchaser or mortgagee or its agent, (iv) pursuant to a court order, or (v) if the premises appear to have been abandoned by the tenant. Violation of these regulations is a violation of the Massachusetts Consumer Protection Act. Your written lease, if you have one, may contain other restrictions. If so, the landlord is bound by the stricter of the restrictions in the lease or in the regulations.

Read more
Answered on 5/13/02, 2:09 pm
Robert Trant Law Office of Robert R. Trant

Re: Landlord rights to come to apartment

The enclosed info is available on the state of Mass website at www.state.ma.us/consumer/. The short answer is that the landlord is generally required to provide notice and is only allowed "reasonable" access. I am not sure why the landlord would be showing your unit to a potential renter if you only began renting a month ago?

Rights Against Unlawful Entry: Your landlord, or an agent for your landlord, may only enter your apartment for the following reasons:

to inspect the premises;

to make repairs;

to show the apartment to a prospective tenant, purchaser, mortgagee or its agents;

in accordance with a court order;

if the premises appear to be abandoned, or

to inspect the premises within the last 30 days of tenancy in order to determine the amount of damage to be deducted from the security deposit.

The landlord should be reasonable and attempt to arrange a mutually convenient time to visit the apartment. If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court. (M.G.L. c. 186 �� 14 and 15B)

Read more
Answered on 5/08/02, 3:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Massachusetts