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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.

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Attorney answers 3


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).

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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.

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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.