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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 34721
Experience:  Attorney over 16 years, landlord 26 years
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Landlord sent a broker to assess the apartment before 36

Customer Question

Landlord sent a broker to assess the apartment before 36 hours. On the day of visit two men came, one is the broker and the second person claim he is the landlord; I let them in. Then the other person became angry because I preferred to deal with the landlord I know (real landlord). I called police who took his side because he knows then by name and they do as well (he also told the broker in front of me that he will wait for his friends to come). During his conversation with his friends-cops he said that he is the property manager. I live in MA, can file no-trespass against him? Police yelled at me and didn't identify themselves to me and never address me as "sir"; does it worth to complain to police head? Thanks in advance for your advise.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Does your lease reserve a specific right for the landlord or his agent to show the property?

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Can you explain what you mean by the "real landlord"?

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When was the rent increase supposed to take effect?

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thanks

Barrister

Customer: replied 4 months ago.
I'm tenant at will, I had contract with previous landlord (the current landlord's exe husband) that expires on May 30th 2012. Upon surrendering the property to his ex-wife (current landlord "real Landlord") he sent us a letter on 7/1/2015 saying: "I have spoke to Nancy and confirmed she will honor and maintain all rental agreements
in place without interruption."
Customer: replied 4 months ago.
the guy who came claiming that he is the landlord and then to the police as he is the property manger ( he is fake landlord).
Customer: replied 4 months ago.
it was supposed to be on August 1, 2016. I refused it because the note came more than 30 days. Before 9/1/2016 she received a letter from that I refuse the increase and plan to look for another place. Then she with help of her lawyer sent me two letter (quit and offer of extension). I sent her letter to quit by 10/31/2016.
Thanks
Customer: replied 4 months ago.
the lease says: tenant shall permit landlord to enter the leased premises (didn't reps)
Expert:  barristerinky replied 4 months ago.

Ok, thank you for that information... just a few minutes while I type out a response..

Customer: replied 4 months ago.
Tenant shall permit landlord to enter the leased premises prior to the termination of this lease to inspect the same, to make repairs thereto (nothing contained in this paragraph should be construed to require landlord to make any such repairs), or to show the same to prospective tenants, purchasers or mortgagees. Landlord shall also be entitled to enter the leased premises if they appear to have been abandoned by tenant or otherwise as permitted by law. Any person entitled to enter the leased premises in accordance with this paragraph may do so through his duly authorized representative. Whenever possible, tenant shall be informed in advance of any proposed entry hereunder.
Customer: replied 4 months ago.
it also mentioned duly authorized representative, I do not know if this cover that?
Expert:  barristerinky replied 4 months ago.

Ok, under MA law, if it isn't in the lease, a landlord doesn't have any legal right of entry except in the last 30 days of the tenancy.

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Mass Statutes 186 Sec 1581

Section 15B. (1) (a) No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. A lessor may, however, enter such premises:

(i) in accordance with a court order;

(ii) if the premises appear to have been abandoned by the lessee; or

(iii) to inspect, within the last thirty days of the tenancy or after either party has given notice to the other of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.

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But if the provision you typed is what the lease says, then he or his agents can enter the property with reasonable notice. "Reasonable notice" is typically considered at least 24 hours notice prior to any entry. If the proposed time would be disruptive to the tenant, then they can notify the landlord and request an alternate time.

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So unfortunately, in your situation, it doesn't appear as though the landlord has done anything wrong by having their property manager, who is the landlord's legal agent, conduct any inspection according to the terms of the lease that was entered into by you and the landlord.

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As for the police's actions, while unprofessional, they were not illegal and your recourse here would be to contact the local police chief or captain and file a formal complaint about their lack of professionalism when they arrived.

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So while the property manager might be a jerk, I would opine that he was acting within the legal scope of his authority in requesting to inspect the property with proper notice.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister

Customer: replied 4 months ago.
Thank you so much. I'm moving to my first house and can't wait to do so, but I thought if somebody is aggressive toward me, I would use the law to keep him away from me before I leave. The other bad thing he is a friend with the police and I can't depend on the system to have a fair treatment as an equal citizen. Thanks again for your advise and enjoy the rest of Sunday.
Expert:  barristerinky replied 4 months ago.

You are very welcome. Happy to help any time. Just keep in mind that the landlord or his agent can't use that inspection clause to harass you or unreasonably interfere with your use of the property. You have a right to "exclusive use and possession" as well as "quiet enjoyment" as long as your tenancy is in place.

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So if they are coming by a couple times a week, that is probably ok. But if they are coming by multiple times a day, that would be unreasonable and you would be within your rights to refuse them access.

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Again, you are very welcome and have a great afternoon!

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thanks much

Barrister

Customer: replied 4 months ago.
Thanks again and have a great afternoon as well!
Expert:  barristerinky replied 4 months ago.

Anytime...

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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All the best to you and yours.

Barrister

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