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Landlord often just appears at the door demanding to gain…

Customer Question
Landlord often just appears...

Landlord often just appears at the door demanding to gain access to fix something (non-emergent). I will typically insist her calls first, but my husband is often intimidated by him. The last time he showed up with the handyman, 2 rings disappeared from the windowsill (my husband was largely present, except to crate the dog. I also caught him in the act of removing my bicycle from the basement. We also seem to be missing several items from the basement. We also suspect he has been entering the apartment without our permission when we are away. What is our recourse?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Massachusetts

Lawyer's Assistant: Has any paperwork been filed?

I have not yet because i wanted to make sure that the jewelry was not misplaced. This landlord is a real piece of work; I went through holy hell to get him to pay the interest on the last months rent (he tried to cheat me out of it, but I knew what the law was regarding this. Coincidently, it was just after I had this confrontation, and he begrudgingly paid me, that the items went missing.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Really nothing, other than we seem to be dealing with someone who thinks he is above the law, and can bully, and do what he wants.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/24/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,191
Experience: Licensed to practice before state and federal court
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Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Because he is entering your apartment without authorization, then this appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. If they do this, then this gives you the right to cancel the lease agreement. Additionally, if he is touching your stuff without your authorization, then he is committing a trespass to chattels (personal property) You may want to consider just writing a cease and desist letter advising him of his obligations under the law Lawyers use letters like these often to enforce their client’s rights. Here’s a website that has a good template (click here). It only costs $10 and it is way cheaper than litigation.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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