Legal Question in Real Estate Law in Massachusetts

Re: Unauthorized landlord entry

What can you do? Tell him he's wrong and that there are dozens

of lawyers who are expert in landlord / tenant laws of Mass. and

he ought to consult one.

Do you have a lease? See there if there's a clause requiring the

tenant to give the landlord a key if the locks are changed ... and

if not, change them so he has no key. If you'd like to be subtle

about it, have a locksmith keep the same "keyway" and just change

the "tumblers" (pins); they can shorten the bottom and lengthen the

top pins or whatever and should be willing to do so that you can just

have your existing keys cut deeper in two or three places ... saves on

buying new keys! And the lock will look the same from the outside.

It's sneaky, though, and you have to decide if you want to have a dishonest

relationship with your landlord; he might be misinformed but honest.

Those are just ideas.

I believe the law says flatly that he MAY enter for emergencies. Landlord's personal definitions

of an emergency differs from that of a tenant, as you may expect. Here's a couple

I like: a) The plumber ... he's good and cheap and the only one I'd ever trust but

not generally available when you want him ...

and you needed that dripping shower fixed now for a couple of months ...

suddenly he called me up and said he got finished a big job a little early and had

time to fit me in! b) The road repair crew said they were working on the lines in the street

and had to shut off the gas in all the homes for safety. [ For this case, the road crew had to

come-a-callin' the next day, and lost an afternoon because they hadn't planned ahead. ]

Judges are more likely to think of emergencies like tenants, for example:

1) water plumbing supply pipe has burst inside the unit and if the water

can't be turned off (and maybe mopped up), damage will result.

And ... 2) fire! (Wherein damage and possible loss of life could result.)

But the law doesn't exactly define emergency.

Leases MIGHT say that the landlord can come in for repairs whenever he wants

but the lease is "wrong"; it may say something sweet like "reasonable attempts

will be made to notify the tenant in advance" ... but it's still wrong. If it's

not an emergency, then the tenant's EXPRESS permission is required.

And if the landlord violates that law, there is a special tresspass law which, if I

recall correctly, carries not only a possible criminal penalty (you could seek jail

time for him, though, between us, I wouldn't hold my breath -- the jails are full enough

with the violent criminals) but it also carries, I believe, a penalty of 3 months of rent

that the landlord would have to pay your or deduct from your rent.

My recollections are a little vague but pretty darned close. If you want me to call him for

you, send me your phone number and his phone number. Or call me. (Don't have him call me

directly until you talk to me.)

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Unauthorized landlord entry

If you have a lease, the lease determines when a landlord can enter a building. If you don't have a

lease, then the landlord needs your permission to enter. (Emergencies may be different.) You can go

to housing court or district court and get an injunction against your landlord.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: Unauthorized landlord entry

This reply may be to late for you; unfortunately, I just received the post today.

It is not possible for me to give you specific advice upon which you should rely without knowing more of the details of your situation such as the particulars of your tenancy Agreement; however, as a general rule a landlord may only enter a residential apartment to make repairs, either with the tenant's permission or if there is an "emergency."

If a landlord tries to force his/her way in, you may (unless there is an emergency such as a broken water pipe) call the Police for immediate assistance and/or seek a Court Order ("injunction") which prohibits such entry. Whether or not you will be successful with either of these 2 strategies depends upon your particular facts.

If you would like to discuss your case further, please do not hesitate to call.

Very truly yours,

Murray Davis

(781) 593-7379

[email protected]

Murray Davis

Law Office of Murray I. Davis

P.O. Box 604