Can a landlord enter my apartment without prior notice?

My husband and I just bought a home and are trying to save ourselves from pay 2 months of rent 2 months of a mortgage at the same time. We have asked our landlord if they could post our apartment. in hopes of finding someone to rent 2 months prior to the end of our lease agreement. They have made no promises but agreed to post to see if there was any interest. In the process, they have come to our apartment with notice to take photos for the listing. After viewing the most recent online posting

we noticed they must have taken photos very recently without notice given the items we have just recently purchased. Do we have any leverage to break our agreement and leave 7/1 allowing them to keep our last months rent without any further penalty?

Asked on June 19, 2017 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a landlord may not enter without reasonable (e.g. 24 hour) notice for nonemergencies. However, taking a few photos on one occasion without notice to list the unit, when you had indicated that you wanted to find someone to take the unit over early (and so when the landlord could reaonably assume you'd want assistance in finding a successor), would *not* be considered a "material" or important breach of the landlord's obligations. Since only material breaches legally justify early termination, what you describe would not provide any leverage or legal grounds to break your lease early.


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