Boston, MA asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Massachusetts

Q: Does placing notice on door count as proper notice if lease specifies email notice for entry in Massachusetts?

In Massachusetts, my lease for a multi-tenant apartment mentions that the property owner can enter with 24-hour notice, typically provided by email. However, twice now, the notice has been given by placing a piece of paper on my door for property showings by a real estate agent. On the previous occasion, the agent entered using a key after just knocking, and a small personal item went missing after they left. Does placing a piece of paper on the door count as proper notice according to the lease terms? Additionally, is there anything I can do to prevent unwanted intrusions into my space, even if I'm only renting?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Massachusetts, if your lease specifically states that notice for entry must be given by email, then placing a notice on your door likely does not meet the lease requirements. The lease terms are legally binding, and if the landlord or agent isn't following them, you have the right to raise the issue. You should first remind your landlord of the lease terms and request that all future notices be sent via email as specified.

As for the incident where an item went missing, you have the right to secure your belongings and ask the landlord for clarification on their procedures for entry. If the agent entered without proper notice or if you believe your privacy was violated, you can discuss this with the landlord and request that they take steps to ensure it doesn’t happen again. It’s also helpful to document the incident in writing.

To prevent future unwanted intrusions, you could consider installing a lock on your door (with permission from the landlord) or request stronger assurances that your space will remain secure. If these issues persist and your landlord does not address them, you can contact local housing authorities or seek legal help to ensure your rights are protected.

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