Posted by a on March 31, 2001 at 11:00:30:
In Reply to: Re: Can landlord enter apartment whenever they want posted by Nancy on March 27, 2001 at 17:30:23:
They claim that as long as the lease says that they can inspect that they can come in to "inspect" as much as they want when ever they want if they give me 24 hr notice. This is interfereing with my quiet enjoyment can causing me to suffer severe emotional distress.
I think that a lease provision like this if it indeed allows them to come in whenever they want should be considered an invalid lease provision violating G.L. ch. 186 s. 14 (any lease clause which allows landlord to violate quiet enjoyment is illegal)
What is 24 hour notice? If I am away for a week and they slip something under my door which I do not recieve is that notice? I dont think so. Can they not state any time or any day. Like that they're coming in some time this week or some time on a certain day but not state a time?
Is there a limit to the number of times they can come in for an "inspection?" Can they come in every day, every week, every month, every year?
Can they come in when at a time that is a hardship for me.
As far as Im concerned they only legitimate reason for a landlord to be in a tenants apartment (other than when a tenant has given notice they are leaving) is to perform repairs, anything else should be considered illegal as violating quiet enjoyment.
I disagree about it being reasonable for them to come in when Im not there. My things both of financial, sentimental, and privacy value are here. Not all landlords are respectable citizens. Some are criminals, and some things are private and should only be seen by those persons the person desires.
In an ideal world people could choose their landlords but the housing market is tight so thats not always possible.
: There are a couple of places that you should look to clarify your rights in this matter - your lease/rental agreement and the state law. Generally speaking, in Massachusetts there are limits on the circumstances under which a landlord can enter a tenant's unit and these have to be spelled out in the rental agreement and conform to the state law. In short, those reasons are: to inspect the premises, to make repairs, to show the premises to a prospective tenant, purchaser, mortgagee or agent, or in an emergency. But your presence is not required for him to enter your unit and I don't think you can reasonably insist on that. Check the web site for the Massachusetts General Laws chapter 186 §15B for the specific language on a landlord's righty of entry. Also, unless specified in your lease, your landlord does not have a right to a key to your unit. If your lease allows it, you can change the lock, recognizing that this will screw things up when he does need to enter for legitimate reasons.
: After you check your lease and the law, write your landlord a letter (send certfied and regular) and very politely inform him that his instrusions into your unit are a problem and are illegal. Inform him that, except in an emergency, you want 24 hour notice of entry.
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