| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in Massachusetts?
Massachusetts landlords have the right to enter a rental property for inspections, maintenance, and property showings. Unlike most states, these are the only reasons a landlord is legally allowed to enter in Massachusetts. Leases allowing other terms are unenforceable.
Can a Landlord Enter Without Permission in Massachusetts?
Massachusetts landlords can legally enter a rental property without permission for the three purposes allowed by law. However, since the renter has a right to the quiet enjoyment of the premises, it’s risky for the landlord to enter without permission unless there’s a provable reason why.
Can a Landlord Enter Without the Tenant Present in Massachusetts?
Massachusetts landlords can legally enter a rental property without the tenant present.
Can a Landlord Show a House While Occupied in Massachusetts?
Massachusetts landlords can show an occupied house. It’s one of the three allowed reasons for landlords to enter in Massachusetts.
How Often Can Landlords Conduct Routine Inspections in Massachusetts?
Massachusetts landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Massachusetts?
Massachusetts law doesn’t have a general standard for advance notice. However, entry for purposes related to the health and maintenance code requires at least 48 hours of advance notice. This provides a guideline for entry related to other purposes.
Can a Landlord Enter Without Notice in Massachusetts?
Massachusetts landlords can enter without notice for repairs, inspection, and showings. However, the landlord could be legally liable if he disturbs the quiet enjoyment of the property, such as by unreasonably entering without notice.
How Can Landlords Notify Tenants of an Intention To Enter in Massachusetts?
Massachusetts landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Massachusetts?
Massachusetts tenants usually can’t refuse entry to landlords entering for one of the three legally allowed purposes (inspections, maintenance, and showings). The only exception is when the entry takes place in a way that disturbs quiet enjoyment of the property (for example, entering at 2:00 AM for routine maintenance).
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Massachusetts?
Massachusetts landlords can take any of the following actions if a tenant illegally refuses entry:
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- Get a court order to force access
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- Deliver a Notice to Quit and begin the eviction process
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- Recover cost of any actual damages
Can a Tenant Change the Locks Without Permission in Massachusetts?
Massachusetts tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in Massachusetts?
Massachusetts tenants can take any of the following actions if the landlord enters illegally:
- Get a court order to ban the landlord from entering
- Ask a court to cancel the rental agreement
- Recover court costs and attorney fees from the landlord
- Recover cost of any actual and consequential damages or three months’ rent (whichever is greater)
Sources
- 1 Mass. Gen. Laws Chap. 186 § 15B(1)(a) (2022)
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“No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease. A lessor may, however, enter such premises: (i) in accordance with a court order; (ii) if the premises appear to have been abandoned by the lessee; or (iii) to inspect, within the last thirty days of the tenancy or after either party has given notice to the other of intention to terminate the tenancy, the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the lessor pursuant to this section.” Mass. Gen. Laws Chap. 186 § 15B(1)(a) (2022). Note that this section only applies to tenancies longer than 100 days; see Mass. Gen. Laws Chap. 186 § 15B(9) (2022)
Source Link - 2 Mass. Gen. Laws. Chap. 186 § 14 (2022)
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“[A]ny lessor or landlord who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant, or who attempts to regain possession of such premises by force without benefit of judicial process, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six months. Any person who commits any act in violation of this section shall also be liable for actual and consequential damages or three month’s rent, whichever is greater, and the costs of the action, including a reasonable attorney’s fee, all of which may be applied in setoff to or in recoupment against any claim for rent owed or owing. The superior and district courts shall have jurisdiction in equity to restrain violations of this section.”
Source Link - 3 Simon v. Solomon, 385 Mass. 91, 102 (1982) (internal citations omitted)
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“The phrase ‘quiet enjoyment’ is a familiar term in landlord-tenant law, signifying the tenant’s right to freedom from serious interferences with his tenancy — acts or omissions that impair the character and value of the leased premises. Every tenancy is deemed to entail an implied covenant that the landlord will not disturb this right during the tenancy. Although early cases applying the covenant of quiet enjoyment required intent on the part of the landlord, more recent decisions have imposed liability whenever the ‘natural and probable consequence’ of a landlord’s action was interruption of the tenant’s rights.”
Source Link - 4 Mass. Gen. Laws Chap. 239 § 1A (2022)
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“A lessor of land or tenements used for residential purposes may bring an action under this chapter to recover possession thereof before the determination of the lease by its own limitation, subject to the following conditions and restrictions. The tenancy of the premises at issue shall have been created for at least six months duration by a written lease in which a specific termination date is designated, a copy of which, signed by all parties, shall be annexed to the summons. No such action may be initiated before the latest date permitted by the lease for either party to notify the other of his intention to renew or extend the rental agreement, or in any case before thirty days before the designated termination date of the tenancy. The person bringing the action shall notify all defendants by registered mail that he has done so, which notification shall be mailed not later than twenty-four hours after the action is initiated.”
Source Link - 5 105 Mass. Reg. 410.003(E)
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Source Link
Every occupant of a residence, upon reasonable notice and if possible by appointment, shall give the owner thereof, or the owner’s representative, access to the residence for the purpose of effecting compliance with the provisions of 105 CMR 410.000. Access shall be at a reasonable time and shall include, but not be limited to, any cooperation required for repairs, alterations, pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the occupant, except for emergency repairs for which no notice is required.
