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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33791
Experience:  15 years real estate, Realtor. Landlord 26 years
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Dear Lawyer, I am writing this letter in regards to Tenant

Customer Question

Dear Lawyer,
I am writing this letter in regards ***** ***** and Landlord Law. My landlord has entered the apartment I'm renting three times without notice. On the first time, he entered my home without notice for an inspection of my home. On the second time, the landlord has harassed and demanded that I do not open the window or use the window fan because it's drawing out heat out of the building thus it costs him more money. I have already co-operated with his issue by only opening the window or using the window fan while I cook to ventilate the smoke out of my home. On the third time, he barged into my apartment without any notice and harassed me to get that window fan out of that window and close it. I feel harassed and distressed from the continuation of harassment and violation of my privacy regardless of my co-operation. Having said that, I would like to find my deposit back and move out In addition, I have also asked for a copy of the terms of agreement, however, my landlord is not giving it to me. I kindly ask you for legal advice.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 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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Under Mass Statues 186 Sec. 15B1 Massachusetts grants no right of entry to the landlord except where the property appears to be abandoned or during the last 30 days of tenancy, to inspect for damage to be withheld from the security deposit. Otherwise, the landlord may include in his lease a provision permitting entry to inspect the premises; to make repairs thereto; or to show the same to a prospective tenant, purchaser, mortgagee or its agents before the termination date of the lease. No notice procedure is prescribed.

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So the general rule of thumb is 24 hours notice prior to any entry and the landlord has no legal right to enter to try and "catch you" doing something that he finds objectionable. If your lease doesn't specifically prohibit using the fan and window, then the landlord can't legally prohibit you from doing so.

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Your recourse here is to notify your landlord in writing, sent certified mail, that he is violating the law above and that if he does it again, you will be forced to file suit under breach of contract for him violating the law as well as your rights to privacy, "quiet enjoyment" and "exclusive use and possession" of the property. You will sue for punitive damages as well as compensatory ones, you will file for a restraining order, and will terminate the lease based on his breach.

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That should scare the pants off of him because you will have explained exactly how he is violating the law, what law he is violating and what you are going to do. And if he does it again, you do exactly that.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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