Landlord making substantial changes to property

Asked 4 months ago - 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. Erik Hammarlund

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more
  2. John Keramaris

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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.

  3. Richard Glenn Elie

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more

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