Legal Question in Landlord & Tenant Law in Massachusetts

what are the hours for quiet enjoyment in the state of Massachusetts? My landlords are asking that we be quiet after 8 pm. I understand they work crazy hours and I respect their wishes to an extent. I have two young boys and their bedroom is above the landlords. I don't want to keep them out of their own room where all of their toys and games are until they have to go to bed. I have been because I don't want problems but I find this unfair to them. We do pay rent, therefore we should not have to tip toe around so early in the night. I would swap rooms with them but we are on the third floor and our room has a window very low to the floor and that's makes me nervous. Oh and we've lived here six years now but because the landlord is working a new job these are the new rules.

Asked on 11/29/13, 9:33 pm

1 Answer from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

What time do young boys go to bed? Even if you can make some claim that the landlord's rules are unreasonable, do you really want a contentious relationship with your landlord? Is a compromise possible? Is 9PM maybe a reasonable middle ground? 9:30? What if the landlord agreed to put a cage, or some kind of barrier in front of the low window, either on the inside or the outside?

In the end, your landlords, and not you, are the owners of the house. While you might be able to stay on for a time after they want you to leave, in a probably contentious environment, eventually, you would have to move. That said, a tenant of six years is a good tenant, and they will of course have to pay for a real estate agent if you move.

I suppose you are asking if your landlord's request that your boys be quiet after 8PM gives you any leverage in a potential eviction scenario. I would say that, if it gives you any leverage, it probably doesn't give you very much.

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Answered on 12/03/13, 7:52 am

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