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Landlord making substantial changes to property

Everett, MA |

As a caveat, I was never provided with a copy of the signed leasing agreement so I am concerned my options may be limited. That said, my Landlord rented me an apartment with a large green area he had stated was for use by myself and other renters. Roughly a year into my tenancy he fenced off the green spot and rented it out for people to park upwards of a dozen cars in a spot unlicensed for this practice. My building has three sides with windows, but only mutiple ones facing the street and now this parking lot eyesore. While I may not have written rights to this green area wouldn't this change constitute an outrageous change? I hear cars being revved, honking, and other general irritations every day until after 10pm at times. They park right beside my windows and can look in.

Attorney Answers 3


  1. If the apartment was advertised as being in a peaceful, green area and the pitch surrounded the view, etc., then its possible you have a claim to abate or terminate the lease, or obtain a reduction in rents for compensation.

    It is also possible that this constitutes a violation of your rights to quiet use and enjoyment, especially because the parking lot is being used in a manner not permitted by the state, county or municipal governments.

    Also, every lease has two implied conditions: (1) good faith and fair dealing (which means LL will not interfere with the performance of the lease) and (2) quiet use and enjoyment. If the landlord puts a nuisance right outside your window, then its definitely a violation of (2).

    Click on "Find a Lawyer" above and locate a landlord/tenant lawyer in your area.

    This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.


  2. You may have a claim. Much of it will depend on how long ago your landlord made the change. For example, if you "lived with it" for 9 months and are only now protesting, you will probably have a weaker case than if your landlord just made the parking change.

    Do you want accurate, personalized, legal advice that you can rely on? You will have to hire an attorney, not ask on Avvo. I am not your attorney and am not creating an attorney-client relationship by this post. I am therefore giving only general advice. This advice may not apply to you or your situation; may not take account of all possibilities, and may not match the advice I would give to a client. DO NOT rely on this advice or any other advice on Avvo to make your legal decisions. If you want an answer to a legal question you should retain an attorney who is licensed in your state.


  3. You should sue your landlord yourself. A lawyer will charge you upwards of $5,000.00 to handle a suit like this. At least a decent one would.

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