Legal Question in Real Estate Law in Massachusetts
Threat of Eviction
I received--name removed--letter from my landlord stating that they had received numerous complaints from other tenants about noise disturbances coming from my apt. They stated that if they receive one more complaint they will start eviction proceedings because I will be considered in violation of my lease.
What are my rights here? They have given me no facts and I feel that I have--name removed--right to know the time, date, and nature of these complaints (in other words what am I being accused of and when did these disturbances allegedly occur) because I don't believe that they are accurate. Is this true?
For example, there was an instance just the other night where cops knocked on my door saying they had received--name removed--complaint about--name removed--disturbance (they said they were told it sounded like someone was arguing) and I wasn't even home for most of the night and when I got home I turned on the TV and went to bed. I was actually sleeping when they knocked on my door. So either someone is lying or badly confused. (Most of the occupants in this building are senior citizens - which I did not know prior to moving in). Please confer.
2 Answers from Attorneys
Re: Threat of Eviction
Find out from the police who called. The reports are public information you can get by going into the police station and giving your address for them to look up. There may be a secret enemy out to get you (or wanting to move her sister into a vacant unit or something!).
If you find that it's a liar, next work on the landlord to convince them; ask them to ask the certain complainer to have an officer come to their place first and witness the disturbance before they accept as truthful any more complaints. Even if they say it's several people making complaints, ask them to do the same thing next time there's a complaint, and/or to have one of the building management personnel come over and witness the disturbance first hand. (If you are causing disturbances, this will be tightening the noose around your own neck, though!)
Check the lease. Unless the lease has language requiring each tenant to behave in a way that doesn't disturb the others, they may not be able to evict you under the law. (Probably the lease DOES have that language, though.)
If they start an eviction process eventually, they'll have to prove in court (better than your proof to the contrary) that you were making the disturbances. Unfortunately, a series of old folks testifying against you can be pretty good proof.
Talk nicely to the neighbors and note which ones if any either won't look you in the eye or try to hard to act cheerful for you.
Send me money if any of these things work! I get overtime pay for working on Sunday.
Good luck.
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