Submitted by Anonymous on Tue, 06/09/2009 - 14:56
My landlord gave us an eviction notice which is OK becayse we want out of the lease just as badly...so that's all fine. However, can he enter or show the the property without my permission? He is giving me 24 hour notice which is fine but I am not OK with him sh owing the unit when I'm not home b/c we have a dog and I want to be able to take the dog for a walk when he is showing the unit so the dog doesn't go crazy. I have asked him to only show the unit after 6PM on weeknights when I am home from work. He says he cna't control when he shows it but I would think he can since he's the one making appointments with people.
What are my rights under Massachusetts law. Thanks.
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Editor's Response
Massachusetts General Laws, Chapter 186, Section 15B gives your landlord and his/her agent the right to enter your apartment for several specific purposes, including to inspect, make repairs, or to show the apartment to prospective tenants. However, that statute has been interpreted to require landlords to give reasonable notice (usually 24-48 hours) and to enter only at reasonable times (perhaps 9 a.m. to 5 p.m.?). If you and the landlord cannot agree on appropriate times, one or both of you can go to the housing court and seek guidance from the court (i.e., get an order or injunction specifying when the landlord can show the apartment). Good luck, and please tell your friends about The Forum.
how to show apartment when tenant won't return calls
Thanks -- it sounds like the Housing Court option may be the relevant one here... but that sounds time-consuming.
If the tenant won't answer the phone I can't be sure she will pick up my message so I don't know if she agrees or not that I can come on Saturday at 10 a.m. to show a prospective tenant the apartment. I don't know if a judge would feel that my leaving a message or sending a letter was reasonable notice. And it would have to be a regular mail letter anyway because the tenant won't pick up certified mail at the post office.
But with a regular letter I wouldn't have proof of mailing...
I left a voicemail to remind the tenant that her lease says the landlord can show the apartment and to ask her to call me (her lease is up on July 31).
Editor's Response
The safest way (when you have a tenant who is clearly trying to keep you out of the unit) is to get court permission. You run the risk of showing up with a prospective tenant and finding a hostile tenant waiting for you and/or refusing to let you in. Wait till she moves, or get court permission. If you want to risk it and try mail notification, use a Certificate of Mailing at the post office. It is typically admissible as evidence that you mailed a letter to the tenant.