Does a landlord in the state of massachussetts have to give notice if he wants to enter the apartment for any reason other than an emergency?
Question Details: our landlord has been showing up for no apparent reason and entering the unit both when we are and are not there. He has arrived as early as 8am on a Sunday morning. do we have any recourse? the lease says he has the right to enter but does not spell out when or if notice is required. Do we have the right to quiet enjoyment of the property?
Real Estate Law Answers
The lease will typically address this. A landlord has a general right to enter to show the property. However, the landlord should give prior notice. I think you can argue that repeated unannounced entries does violate the covenant of quiet enjoyment. I would ask the landlord to give you prior notice and to show only during reasonable times. If the landlord persists, I would consider withholding a portion of the rent.
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