There are some mistakes that can snare even some of the most savey landlords. A fairly typical example is the question regarding a landlord's right to enter the leased premises:
Landlord: "I want to go into the apartment to look around at what the tenant is doing. I think he has a cat when the lease has a no pet policy. From the street I can see that he painted one of the rooms blue, which the lease does not permit. I also want to make sure the fire exit isn't blocked. I'm going over there tomorrow to let myself in to inspect the property."
The landlord has legitimate concerns. There may be lease violations to address. She is also concerned about an important safety issue. Her assumption is that because she owns the property, she has a right to enter if she wants to. She couldn't be more wrong.
In Massachusetts, when a landlord rents an apartment to a tenant, she gives up her right to enter. The law forbids her from entering the property - even to inspect for defects or make repairs - without the express permission of the tenant.*
The lawful course of action to take here is to contact the tenant and obtain consent to enter the property for an inspection. The landlord and tenant should agree on a mutually convenient time for the inspection to take place. It's always a good idea to contact the tenants well in advance of an inspection; seven days or so.
Landlords are often dismayed by this news, but the spirit of the law might be better understood from the point of view of the tenant's right to privacy. When a tenant leases an apartment, it becomes their home in which the tenant has a reasonable expectation of privacy from the government and - as inferred by the Massachusetts law - the landlord as well. In effect, the law balances the tenant's right to privacy with the landlord's interest in the property.
*** Please note there are specific instances in which a landlord may enter the leased premises that I will discus in a future post.
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