Right of Entry: PART 2

Previously, I wrote about the specific Massachusetts law that does not allow a landlord to enter the leased premises without the tenant's permission. However, you should be aware that the same law lists specific situations in which landlord may enter the property legally.

The first circumstance is if you have a tenant with a fixed term lease and the term is coming to an end, you may enter the premises in the last thirty days of the tenancy to inspect for property damage. The same holds true in the case of a tenancy-at-will if either party has given proper notice to terminate the tenancy (which is commonly 30 days notice).

The reason the law allows landlord access to the premises in this thirty day period is to assess damages to the unit before the tenant moves out. In case damage is discovered, the cost to repair would be deducted from the tenant's security deposit. (Security deposits will be discussed in a later blog.)

But even if the landlord has a right to enter and inspect, it is prudent that the landlord talk to the tenant and agree on a time for the inspection to occur, if possible. Remember, a tenant's feelings towards their privacy should be handled carefully.

A word of caution for all instances of landlord entry: Even with the tenant's consent, it's generally not advisable for the landlord to enter the premises without the tenant being present. In doing so, the possibility arises for the unscrupulous tenant to make allegations that valuables disappeared while the landlord was inspecting the apartment when the tenant wasn't home. Better to be safe than sorry.

The second circumstance allowed by Massachusetts law is if the landlord has a court order enforcing his right to enter. For example: A troublesome tenant may block your path and simply not let you in. If this occurs, do not force your way in or you may be facing assault charges from the tenant. In that case, the only way to gain access to the property is to go to Housing Court and get a court order that affirms your right to inspect.

And to answer an often asked related question: In Massachusetts, never, ever change the locks or remove the tenant's property under any circumstances, unless you have an Execution issued by the court giving you the right to repossess the property