Hello. Wondering if you could help me understand MA law.

Is my landlord required to give me advanced notice to enter my apartment if it is not an emrgency.

My son who is 13, let her in when I was not home, which was not a problem, but he told me when entered all of the bedrooms and was snooping around

My lease states that the Tenant will:

Permit the Landlord (and the Landlord reserves the right to) enter the Premises during reasonable hours and with reasonable notice for the purposes of inspecting the Premises and the Tenant’s compliance with the terms of this Lease; making such repairs, alterations, improvements or additions thereto as the Landlord may deem appropriate; and showing the Premises to prospective purchasers or tenants. Tenant agrees that with notice of intent to show the space for sale or for rent, they will present the Premises in a clean and inviting condition, dust-free and vacuumed; with bathrooms and kitchen in a clean condition. If, as a result of presenting the Premises in a less-than-adequate condition, the space fails to rent, the Tenant agrees that they will be financially responsible for lost rent. The Landlord also reserves the right to display “For Sale” or “For Rent” signs in a reasonable manner upon the Premises. In emergency circumstances reasonable notice may not always be possible."

Of course Laura is right.

But, perhaps the LL was nearby and heard something or saw smoke or something else that caused her concern.

If it makes you feel better, ask her nicely.

If her answer is not satisfactory to you, begin your search for new housing.

Brian

Unfortunately some LL do not give the required advance notice per the lease and state law.

Just the other day I was talking to a former tenant that had the very same thing happen with his LL.

You can be assured the professional LL on this site would never enter with out prior notice unless it is an Emergency. And especially if a child comes to the door. As others have noted call the LL - use a non confrontational tone - to determine the facts.

Brian, I don't know anything about MA, but in general, for states which still consider apartment rentals to be a matter of Real Property law, an ancient (13th Century Common Law) doctrine forbids landlord from entering the rented premises. The tenant has exclusive custody of the rented premises for the duration of the rental agreement.

Most states, even older ones, have enacted a specified set of exemptions to this rule. You will need to check your local MA law to see what they are for you.

CA for example, allows landlord entry for a limited set of reasons. It also requires very specific advance notice to the tenant so that he can be home or make other provisions to monitor the landlord compliance with the law.

It is my belief that we all, landlords and tenants, benefit from all parties knowing and being aware of all of their rights. Thats how the playing field needs to be leveled and thats how a rational and responsible relationship can be maintained. Fortunately, many landlords on this site are able to appreciate that idea, with the exception of a few sourpusses who themselves don't know how to deal on a level playing field.

Moshe...It is my belief that we all, landlords and tenants, benefit from all parties knowing and being aware of all of their rights. Thats how the playing field needs to be leveled and thats how a rational and responsible relationship can be maintained. Fortunately, many landlords on this site are able to appreciate that idea, with the exception of a few sourpusses who themselves don't know how to deal on a level playing field. "

That has never been the issue, the issue is should tenants be able to come here to get information, clearly your vote is yes. Lets see how many more tenant your helpful answers can bring to the website? Should landlords be wary of what they post here, since clearly tenants are attracted to the website, especially since they can get their questions answered here.

Brian's question was: "Is my landlord required to give me advanced notice to enter my apartment if it is not an emrgency."

The level playing field is both landlords & tenants knowing their respective rights and responsibilities. I think that this site performs an important function in providing that level playing field.

There are a few few sourpusses who themselves don't know how to deal on a level playing field.

A competent landlord doesn't need to be wary of what they post here, because competence includes the ability to deal honestly but effectively with a tenant who knows his rights. Both landlords and tenants can learn about how to do that on this site.

Moshe, now that you have cleared up the purpose of the website I am going to begin editing what I put here, now that I know that this website is for both landlords and tenants.

I am a contractor and owner that goes into rentals almost everyday with no one at home. One of my clients, a top movie producer and actor was away filming one of his movies. He left me his key to work on his home, in Beverly Hills. What I didn't know is he has security camera's all over his house. This was 20 years ago before camera's were a dime a dozen.

Upon his return he watched his video's of me working in the house. What he saw was me entering the house from the front door. From there I took the shortest route to the kitchen to do my work. Never did I look or enter any other room. He was pleased.

Then a year later he was watching me work on another video and noticed I was looking in closets, floors and in strange places. He and his family couldn't understand what the heck I was doing? Looking for burred treasure? So he called me. A trusted contractor snooping? I explained that he was having major electrical problems and hired me to get to the bottom of things. None of his other electrical contractors could solve the problems he was having over the past couple of years. His house, large with 2 swimming pools, had an service crawl space under the house that no one could find or knew about.

He then said, "Did I find it"? I asked him to check all of the area's where things hadn't worked for years. One of the pool dressing areas. Over head lights in a garage hallway. A gazebo electrical and so on. He started to flip switches and for the first time lights and power worked!

Laura:

I am curious as to what you have posted before that you would now edit, knowing that this website is viewed by both landlords and tenants?

My court strategies, how I get tenants served when they are avoiding service, ways to minimize showings when I don't what to show to someone, many many many things. But now that you have made it clear this is a website for both landlords and tenants I will only post about things I plan on having total transparency.

Moshe...forgot to add mistakes tenants make , especially in court that can benefit a landlord.

Again so glad you cleared up the purpose of this website.

FYI...on the home page it says " #1 website where rental owners ask landlording questions, and get answers , support and tips from other landlords".

But I guess that really means landords and tenants can ask landlord and tenant questions, and get answers, support and tips from landlords and I suspect soon other tenants.

I have to agree 100 percent with Laura here. We can always count on Moshe to do the right thing but in the wrong place. I for one cannot understand why this website hasn't censured you before.

Heck, I have perfectly good posts that never see the light of day for some silly reason, but you spout off with reckless disregard after hearing one side of a tenant situation on a regular basis.

Agree with Laura and the rest. I mean, Jiminy crickets...The site's called MR LANDLORD.

Yeah but that other website.......MrTenant (.) com told me to come here for all my advise

To answer your question - yes a Landlord is normally required to give a advanced notice.

SO my question to you, why are you asking us for assistance when your own landlord might be able to assist you better in the real question you have - why were they there.

Since that question isn't being asked - let me assist further by telling you to watch Ancient Aliens on TV to make sure that some how this isn't all weaved together with Bigfoot, Lock Nes, C-19, and JFK. You might be into something real big here.

Or perhaps - just perhaps, your teenager was home alone and the LL got a noise complaint and instead of bringing in the police to give you a headache, he might have been over zealous in helping you out.

Nope on second thought - it was Ancient Aliens

If your son let your Land Lord in, why is your question labeled Keys to my Apartment?

Something doesn't seem like it is being said in it entirety

Brian,

Can the LL enter at any time? Yes with permission. Not without permission. Normally states requires a "reasonable" advance notice such as 24 hours to enter with or without permission. It's just good business. Nobody likes surprises.

My first reaction was

-13 is an iffy age. Girl? No way to let in ANYONE. Teach her to not answer the door.

Responsible, helpful young man? Maybe.

Our policy for maintenance persons is to not enter without a parent present.

-was the LL chasing down a maintenance problem? maybe something from the apt next door that might also be in your apt?

-was there a problem other than the son feeling uncomfortable? Rude comments?

-If the visit was legit be glad your LL cares enough to do a safety/maintenance check.

-Snooping: If I take the time to be at a house (always with permission) I spend an extra minute or two for a general walk thru, looking for stains on the ceiling indicating a roof leak, dripping faucets, flammable clothes too close to the furnace/water heater, etc. I don't care about your personal items, just the structure and mechanicals.

Like plenty said, maintaining the property is a cooperative effort, both you and the LL. I suggest asking the LL politely if there was a problem. And in the future you would be glad to help her at a time when you are available.

Lastly, gotta ask, was there a complaint or an unauthorized animal the LL was checking???

BRAD

Brad,

While the site is geared towards landlord q &a, nothing prevents ANYONE from reading.. ...hence, we use fake names, and generally try to leave out specific details. Or so, most of us do.

As has been said many times on this forum, that’s the value of face to face discussions at Mr Landlord convention. Doesn’t mean we discuss illegal things, in fact, this group is very, very good at staying on the correct side of the law, and is a very ethical group, on the whole. But, some techniques wouldn’t work if tenants know ways to circumvent them.

The lessons for landlords in this tenant question, as I see them:

1. ) vulnerable populations get especially scared during uncertain times. This is an uncertain time. Tenants are more likely to be vulnerable , as all of the things that prevent them from being home owners add to their vulnerability. ( not true in all cases, more true with lower incomes.)

2.) tenants sometimes forget that you gave them advance notice. Landlord might have given tenant notice before all of this happened, but, with all of the upheaval, that is long forgotten. A TEXT when I pull up at the home, before I knock on the door has often elicited a text back from tenant saying, ‘ oh, they forgot. Sorry the house is such a mess.’ ( for a couple of my tenants, that means they didn’t vacuum yesterday, or left one coffee cup on the counter.)

3.) My personal policy is to never be alone in a house with a minor. Same for having a contractor in the home alone with a minor. This carries over from involvement with youth groups. Protects landlords from false accusations .

4.) we DO need to check under sinks, ensure windows close and lock properly, and all of the other good checks we do. Take a moment to text when you are done that you checked under sinks, checked window latches. This can save late night texts from tenants panicking because their window blinds were left open, when they were sure the blinds were closed. Or, rather, in my instance, it meant the tenant was texting to check and make sure I hadn’t been in the house, as things were out of place. I hadn’t, and we arranged for me to change locks in AM at her expense.

5.) this is a lot of texting back and forth, but documentation can keep us out of trouble. Also serves as a chance to remind tenants of all of the good things we have done to ensure the property is well maintained.

Original poster, OF COURSE the landlord has a key to your unit. It’s most likely that with all of the upheaval due to coved 19, the text/ call/ or notice was overlooked by you ( it happens, life is busy,) or not passed on by your kid. Most likely just as simple as that.