MA, Land Lord Tenant Laws. Tenant's right if a landlord has an excessive visitor and gives keys away with out notice to tenant?
I signed a lease in a two bedroom one office apartment with my landlord. She recently started dating someone, and is gave him a key with out my permission and has this person staying at my house more than 4 nights a week. Can I get out of the lease or require her to limit when he is here and give back the key?
Attorney answers (2)
Daniel T Blake
Reputation Level 10
Answered over 2 years ago.
Landlord / Tenant Lawyer in Attleboro, MA.
You should certainly speak with an attorney soon about the facts of this case. First there will need to be a fuller development of the facts. It sounds like you may have thought you were renting an apartment, but the landlord thought you were renting a room in a rooming house. A third possibility is that you might be describing a situation where you are sharing the premises with your landlord.
If you simply rented an entire apartment (or a house) yourself from the landlord, you would have the right to exclusive possession of the premises. That is the essence of a landlord-tenant relationship. In fact, in that absence of a written agreement giving the landlord the right to enter under certain limited circumstances (see MGL c.186,s.15B(1)) not even the landlord would have the right to enter without your permission. If that is the case your landlord's actions in giving out a key to a third party would appear to be an intentional interference with your right to quiet enjoyment of the premises. (see MGL c.186,s.14)
On the other hand if you had some other relationship the analysis of your situation, the explanation of your rights, and the final results may all be different. You need to speak with counsel without delay in order to get advice specific to your situation.
Daniel T. Blake
This response and the information contained herein are not intended to form an attorney-client relationship. The answer provided is based solely on the few facts presented in the question and represents at most a preliminary and hypothetical response. It is for informational purposes only and may not be considered as legal advice. For specific legal advice and recommendations about your particular situation, contact an attorney to schedule a consultation.
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Michael L. Tumposky
Reputation Level 11
Answered over 2 years ago.
Criminal Defense Attorney in Boston, MA.
This sounds like a room share situation where you live in the same apt. with your landlord. If so, she would have the right to bring visitors so long as it did not "interfere with" your "quiet enjoyment" of the premises, which is a legal term that can have a varied meaning. I would need to know how this visitor is affecting you before giving you additional advice.
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Other answers (1)
Nanci C. Freeman, Esq.
Answered by a user, over 2 years ago.
It makes a living situation much more challenging where there is not a meeting of the minds as to "house rules." It sounds as though you and your "landlord" are sharing a space, and are actually cotenants.
The written agreement between the two of you should be the first thing you look to as to what is or is not appropriate. Good leases will indicate the names of the specific tenant that is entitled to occupy the premises. Anything other than a friend perhaps visiting for a short period of time on vacation would probably exceed the definition of 'temporary guest."
You have not indicated how long the lease is for, but I am assuming it is month-to-month, otherwise I assume you would give a thirty day notice and just terminate the tenancy according to the terms of the written rental agreement. Absent a specific provision in the rental agreement against number of residents per unit, or a specific provision against subletting (and since you appear to be subletting, I doubt such a provision exists), you probably do not have the legal right to break the lease on the grounds of what sounds like an excessive visitor.
Our judicial system unfortunately cannot always regulate consideration towards other or common decency. This is an issue that should be resolved by discussion, common respect and courtesy. You obviously intended to rent a unit as it was the time you began your tenancy, without additional people being added to the equation without your consent. if you have not already done so, have a chat with the landlord about the situation. Once she has been put on notice that she may very lose a reliable tenant, she may modify her behavior. Or she may be delighted to exchange you for her new boyfriend and just move forward without any further complications, releasing you from your rental agreement. Negotiation and reasonable discussion should always be the first course of action. litigation should be a last resort should all else fail.
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