Legal Question in Landlord & Tenant Law in Massachusetts

Home Invasion

Last night at 9:00 I had the landlord brother walk into my apartment demanding payment. what are my right?

He knocked on the door I was sleeping, when I heard the door open. I was intimidated.


Asked on 9/04/08, 9:47 am

2 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Home Invasion

Your landlord's brother should not have a key to your apartment, and he had no right to enter your apartment without your permission.

Even your landlord does not have the right to enter your apartment at odd hours to demand payment. Your landlord may enter the apartment only with your consent (which may not unreasonably be withheld) and under certain circumstances.

You need to have a conversation with your landlord, and follow up on that conversation with a written confirmation letter. You must keep a written record of this type of behavior should your relationship worsen.

Please feel free to contact my office.

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Answered on 9/04/08, 9:59 am
Joseph Murray Joseph M. Murray, Esq.

Re: Home Invasion

Neither the landlord nor his agents can enter your apartment without prior notice and your permission except in an emergency. This intrusion may have constituted a breach of your right to quiet enjoyment and may have violated landlord /tenant law and the consumer protection law. You should consult an attorney or the Attorney general's office Consumer Protection Division.

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Answered on 9/04/08, 10:32 am


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