Legal Question in Real Estate Law in Massachusetts

Re: landlord's right to enter apartment

"I received notice on 9/8 that my month-to-month rental agreement was being terminated, effect. 10/31."

Many notices to quit are legally insufficient; this one off-hand sounds right -- you ought to show it to landlord / tenant

lawyer; no legal notice means no eviction later, period. Big issue I see is the reason put in the notice.

"Landlord wishes to do renovations. Can landlord send workmen into apt. before 10/31?

If I haven't found a new place and must be there in November can landlord enter then?"

At the risk of criminal trespass charges, and also having to pay you 3 months rent

for each violation of your rights in the premises, sure!

Seriously, no workers for renovation may be let into your apartment until you've actually left, even if you

overstay that date and he has to go to court to evict you.

"What are my rights."

That depends on a lot of things.

Have you done anything to piss him off lately, or is it just

that he really wants to renovate and needs you out so he can get a

higher rent from someone after you, or what's the story?

Why am I only getting this message after Christmas? When did you write it?

How long have you been there? What do you mean, "month-to-month" ... was there

a lease once which self-extends month by month? (Let's see it!)

Has the landlord threatened to send in workers while you're

still there, or merely asked your permission, or are you just concerned that he might?

In what city or town you located?

It's a horrible time of year to be out finding a place to live, aint it?

Give me a call or e-mail me directly at

[email protected].

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: landlord's right to enter apartment

If you have a lease, the lease determines when a landlord can enter a building. If you don't have a

lease, then the landlord needs your permission to enter.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: landlord's right to enter apartment

This reply may be to late for you; unfortunately, I just received the post today.

It is not possible for me to give you specific advice upon which you should rely without knowing more of the details of your situation such as the specifics of your month-to-month tenancy; however, as a general rule a landlord may not initiate renovations without the tenant's permission while the tenant retains possession, whether or not the tenancy has terminated.

If you wish to follow-up, please do not hesitate to call me.

Very truly yours,

Murray Davis

(781) 593-7379

[email protected]

Murray Davis

Law Office of Murray I. Davis

P.O. Box 604

Re: landlord's right to enter apartment

My message was too indefinite and vague. The other

messages were bordering on or actually incorrect.

The correct answer is this: landlord does not have

a right to enter except for a REAL emergency (as I described

before, not just something urgent in his opinion) OR

with your explicit permission. Many tenants give

permission to come and go as they please, or to show

the place in the last month, or whatever. However,

the permission given must be explicit (and is revocable!)

which is to say that having it written in the lease is

legally pointless; it is an illegal clause which

is just unenforceagble as such. But since tenants read it

later and THINK they've agreed to it on the lease,

they think they've given up the right to exclude their

landlord.

More practically speaking, the landlord would say he that

you gave him permission (either standing or for each visit)

if you accused him of illegal forbidden entries. So when I

have a client with that problem, I write a letter (and I keep

proof of mailing) to the landlord in which I cite the

criminal statute and the civil penalties for each

such visit AND I tell him in writing that he is specifically

forbidden from entry from this point forward. You can do the

same yourself, by the way.

The lawyer who said that it depended upon the lease was wrong.

The lawyer who said that in general they cannot do renovations

without your permission was accurate but a little vague.

And I was not sure of myself when I wrote what I wrote before.