Boston, Massachusetts · Landlord Entry
Landlord Entering Without Notice in Boston: What Are My Rights?
This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Boston.
Massachusetts law protects your right to quiet enjoyment of your home. If your landlord interferes with your right to quiet enjoyment, they can owe you money in court. This page lists your rights and what you can do.
When your landlord can come in
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Your landlord must not interfere with your quiet enjoyment of your home. Entering without your permission can break this rule.
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Your lease cannot say your landlord may enter before the lease ends. The lease can allow entry only to inspect, to make repairs, or to show the home to a possible renter, buyer, or lender.
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Your landlord may enter if it looks like you have moved out and left the home empty.
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Your locks
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Your landlord must not try to take back your home by force. They have to go to court. Your landlord can enter if they have a court order allowing it.
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If your landlord comes in without notice
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Write down the date and time each time your landlord enters without your permission, and who came in.
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Entering your home for a reason the law does not allow is also an unfair practice under the Massachusetts Consumer Protection Law. This law does not cover public housing. It also does not cover a 2- or 3-family building where your landlord lives.
Sources:- 940 CMR 3.17(6), Massachusetts Attorney General. An agency rule.
- Massachusetts Law Reform Institute (Mass Legal Help). A nonprofit group.
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To sue under the Consumer Protection Law, first send your landlord a written demand letter. Mail or deliver it at least 30 days before you file. It must name you and describe what your landlord did and the harm it caused. Keep a copy. Legal aid can help you write it.
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If your landlord breaks this rule, you can take them to court. If the court rules in your favor your landlord can owe you your actual losses or 3 months rent, whichever is more. For example, if your rent is $500 per month, 3 months' rent is $1,500. You may be awarded either $1,500 or the amount of your actual losses, whichever is more. Your landlord must also pay your court costs and lawyer fees.
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You can subtract what your landlord owes you from the rent you owe them. For example, if your landlord owes you $1,500 and your rent is $500 a month, you can use that $1,500 to cover three months of rent. If the court later rules in your landlord’s favor, you will have to pay that rent back.
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You can also ask a court to order your landlord to stop.
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Your landlord cannot punish you for reporting them or taking them to court over this. This is called retaliation.
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If your lease says you give up this right, a court will not enforce it.
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