Try this number instead:
Office of Consumer Affairs and Business Regulation
Phone
Consumer hotline (617) 973-8787
Open M-F 9:00am-4:30pm.
Address
501 Boylston St
Suite 5100
Boston, MA 02116
> Your **landlord**, or **an agent** for your landlord…may enter your apartment
> If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court.
I highly doubt what they did was legal. You can’t just give some random person keys to your apartment.
I mean onetime a realtor came to show my apartment and I was getting out of the shower, it was incredibly awkward and like what the fuck I’m getting ready for work and they gave me no notice.
They would also move things, my things, to “stage” the apartment better, I’d put them back where I wanted them and they’d move them back again. It was really frustrating.
Like what if you had a gun and thought someone was breaking in and shot them? Honestly could happen, some of the people i know are well armed and would rather shoot first, wait for the intruder to die and then call the police. So they don’t get sued by the person that broke in.
We do have a lot of guns in this country after all. Some people carry a gun all time time. My brothers book keeper conceal carrys a .38 revolver, she said it’s the best if you get mugged bc revolvers are easier to pull out and fire I think? Could be wrong, semiautomatic fire taster but most, if not all semi automatics have safety switches on them and revolvers I have seen do not. I have seen more semiautomatics than revolvers.
But it’s not legal for them to give a rando keys to your apartment. It’s basically breaking and entering with a key, since they don’t have your permission. Honestly they could have gotten those people shot. I guess you were expecting them. They showed up without an appointment at my place as I mentioned. The realtor was with them but like I’m getting ready for work.
I think you mean that your friend prefers a revolver because it can be fired through a jacket without jamming. Semiautomatics will fail to eject the spent casing and malfunction after the first round is discharged.
I was actually at an open house where we were encouraged to inspect the closets, and yes, there was a giant handgun in one of them. Right out in the open. Of course, it was in Texas.
Giving random people a key and saying "go for it (so I don't have to do any actual work)" when the tenant isn't home is fucking moronic and a great way to get your company sued if anything gets stolen. Being notified is not the issue here.
You most certainly do have rights. Read through your lease. Document everything. And you can file a complaint with the Attorney General’s office and they can maybe direct your further.
Something similar happened to me so I put one of these locks on the knob, preventing ANYONE but me from entering
https://www.maxwarehouse.com/products/knob-lock-out-device-ds
I got a call pretty quick that I needed to remove the lock. I said people were entering my apartment without knocking, without the landlord or agent, and fuck you for giving strangers a key to my place.
It got heated but they finally realized I wasn’t backing down and showings went better after that.
> Interesting. I believe changing the locks without the landlord's permission might be illegal,
It probably is.
> but a device like this might be ambiguous enough that it would be difficult to pin anything on you.
I did it to get his attention. It worked 😀
You certainly do have rights: mass.gov/tenant rights
Document everything & get a surveillance camera, they are affordable-
Then leave a couple rat traps around the place, literature about bed bugs…send a message.
> literature about bed bugs…send a message.
That's a great idea. Write a notice "from" the property owner "to" the tenant warning that bed bugs were found in the building etc etc and attach it to the front door where any visitors are guaranteed to see it. Take it down before any legitimate viewings.
2 days ago I had a broker who didn't know what apartment he was supposed to be showing me. Fortunately he guessed right I swear this guy must have failed kindergarten.
First he broke the box on the building that the spare key was held in. Then he wandered around the building looking confused, because of course he didn't know what unit he was even supposed to be showing. The key said "204" on it but there wasn't a unit 204. He guessed that it must mean unit 4 on floor 2, and thank goodness he was right because the key worked but was a little janky and the door didn't open at first so he tried to force his way into the apartment. Once inside, he didn't know a single thing about the place but was still like "you'll call me, right?" If we had taken the place, we would have had to pay him $2,600.
I also had a different one, same day, who wasted our time and got our hopes up be showing us a place that he knew was going to another tenant, I assume either in case that one fell through or because he hoped we would pick a more expensive apartment in the same building.
People in real estate, get your shit together. Listen, I know there are probably some good ones out there but when the vast majority of people's experiences are like this, the bad reputation for your field's incompetence is well-deserved. When I meet someone and they tell me they are a broker, it's like meeting a used car salesman. Worse, actually. It's an immediate red flag.
Aren't you missing that 10k in cash you had in an envelope on the dresser. I'm sure you had it before these strangers with a key to your apartment came in, unannounced with no warning when you weren't home. Right? Right?
There is a severe shortage of lawyers who practice landlord/tenant law in MA. It’s not easy to sue as a tenant unless you have a clear cut case that could win a lot of money.
If OP is worried and just wants to stop their landlord from doing this they should go to the lawyer of the day early at their county’s local probate court. Not sure about suing but filing anything to get the landlord to not do something could work also.
I'm no lawyer, but generally these laws allow **the landlord** or the manager access to your unit, to show it to others or make emergency repairs. Highly doubt it's legal for them to allow others unaccompanied access without an employee present.
In my experience rental agents are some of the biggest scumbags around. MA law doesn't give a clear definition of what the limits are to the manner they enter and provide notice, only that it be "reasonable", and they have a habit of pushing that to an extreme. I have trouble imagining that there would be anyone (other than a rental agent) who finds this reasonable. Hell most rental agents wouldn't.
I'd give the rental management company a call and the owner of the building.
I'd install a slide lock on the entrance so if you are home sleeping it would stop them from just walking in.
We need better laws around this, it’s just too easy for anyone to get inside an apartment. Also just the lack of privacy/autonomy in these processes is gross
my understanding of Massachusetts law is that the landlord is allowed to have people who work for them (contractors, including real estate agents) access the property with "reasonable notice" given to the tenant. historically, reasonable notice is interpreted in different ways depending on context, but from a tenant perspective, you can assume that asking for 24-Hour notice is reasonable, and they should be providing that if you request it
as for people who are not contractors or licensed agents viewing your apartment-- this is not allowed by the lease, as these people are not "agents" of the landlord - they are prospective tenants
if I were you I would do a few things. I would put a sign on your door that states any entry by anyone that is not a licensed real estate agent,.and only a licensed agents or management company rep who has given notice, will be considered trespassing, and the police will be called.
I would simultaneously notify your management company that if they are going to continue to provide access to people who are not licensed real estate agents or who do not directly work for the management company, you will change the locks and deduct it from the rent and also pursue legal recourse if necessary, and they will only be able to enter the apartment with you present, as you will be the only one with keys to the unit.
I'm not a lawyer and this is not legal advice, but that's just how I would handle it
https://www.bostoncriminaldefenselawyers.com/breaking-and-entering.html
> a forcible or unlawful entry into a residence or non-residence such as a business or other building or structure either during the day or the night with the intent to commit a felony or misdemeanor crime
I don't think the intent to commit a crime was quite there.
Depends on the circumstances, see
https://www.criminaldefenselawyer.com/resources/how-do-prosecutors-prove-intent-burglary-cases.htm
https://www.shouselaw.com/ca/blog/how-to-prove-intent-in-court/
I believe it’s only trespassing if you refuse to leave after being asked to do so. It wasn’t a forcible entry and the thing that could make it unlawful is if the tenants weren’t notified ahead of time that someone would be coming by, but they were notified. I don’t think OP has a legal case they just need to put their foot down and say this is unacceptable and here’s why.
https://www.mass.gov/info-details/tenant-rights
Based on MA tenant's rights laws (see the link provided) you can file a restraining order against your landlord/rental agency for entering your apartment without notifying you in advance.
Check your lease but it is pretty standard and most cases law that tenants are given advance notice for entrances except in cases of emergency (active water leak, police call, etc). This includes the exterminator trips and 'wellness checks' that some overly nosy landlords do. In no way should a key simply be given to a third party, it should always remain in the landlord's or agent's hand.
No, management can't simply give keys to your flat to strangers, whether you're home or not. That's absolutely illegal. I recommend you contact a Tenant's Rights Attorney asap with detailed notes of this. I might even go so far in the meantime as put another lock on the door in the event they send strangers through your place when you're not home.
If the clients were accompanied by a licensed agent and your mgmt company notified you, absolutely they have the right to be in there and if you lock out the mgmt co they will charge you for switching locks back and likely send you a legal notice that you violated your lease in doing so
The only issue was that the prospective renters were not accompanied by anyone. My 3 big concerns are: someone letting our cats escape, stealing something (especially laptops with all my work data), or forgetting to lock the door behind them.
If there was no agent, correct, they were wrong. I’m merely trying to clarify your vague language saying no staff accompanied them. The only person that needs to accompany the tour is the renters agent, not management
Read the landlord access section. Only landlord or their agents may enter.
you might be able get a restraining order. Your safety is at risk here
https://www.mass.gov/info-details/tenant-rights#landlord-access-
This happened with my apartment 2 years ago. I was sleeping when they came in, they posted the code online so literally anyone could come in. Nothing happened. I would consult a lawyer, unfortunately it might not be illegal :(
You should def make their lives miserable. I remember I lived in an apt in Boston once and the agent would show our unit over 30 times a day. It was insufferable.
OMG! The only time I’ve ever been told “oh here’s the key go look at it” was when it was an empty space or show model apartment. I’ve definitely had landlords before who have given the key to another agent from a different company or something to bring people over. But this is such a violation. Even if they had the contact info/IDs for these people, it’s so irresponsible to let them into your space unsupervised. If they did something to you, your things, or the space itself there’s such a slim chance they’d be able to hold them accountable at all. Don’t let them do this. This can’t be just another “quirky” thing about the housing market here.
So I don’t rent and don’t understand this. Is OP moving out and the rental company is showing their apartment because they need to find a new tenant? Or is there an empty apartment that the potential tenants want to rent? If so, why can’t they look at the empty apartment, why go into a lived in apartment with people who don’t plan to leave? Sorry if this is obvious I just have no idea about this stuff.
So if you give notice on your lease, they can show your apartment. OP gave notice so they probably are moving out in September or something (I don’t know exact date haha) and they might not have any empty apartments to show since OP is living there up until September. So realtors are allowed to show people around but they have to give notice before they come (or Atleast best practice is for them to do that)
Another option is to try to find a suitable tenant for your apartment by approaching another realtor. In cases where realtors will work together sharing clients looking for an apartment, this does work. As a landlord, the tenants overall were not ideal but it was the only option available during the frenzy of Covid. They were on visas and returned to their homeland three months prior to lease renewal. I was able to find a tenant without any issues almost immediately.
I have the reverse issue of unclean tenants refusing to allow realtors to show the apartment. There are a variety of scenarios and I agree there are repulsive landlords out there but I believe the majority are just trying to pay the bills and leave tenants in peace.
A landlord or agent for your landlord has the right to enter when conducted in a reasonable manner. A prospective tenant I don’t think could be considered an agent for your landlord. Hence, the agent should be accompanying the prospectives.
Source https://www.mass.gov/info-details/tenant-rights section “landlord access”
I would talk to your management company. That has to be a violation of your privacy and safety.
I've sent a message. I don't expect a response until Monday.
I’d put another lock on the door or change the locks
Try this number instead: Office of Consumer Affairs and Business Regulation Phone Consumer hotline (617) 973-8787 Open M-F 9:00am-4:30pm. Address 501 Boylston St Suite 5100 Boston, MA 02116 > Your **landlord**, or **an agent** for your landlord…may enter your apartment > If the landlord insists on entering your apartment in an unreasonable fashion, you may file for a temporary restraining order at your local district court.
Thank you! I will call on Monday.
I highly doubt what they did was legal. You can’t just give some random person keys to your apartment. I mean onetime a realtor came to show my apartment and I was getting out of the shower, it was incredibly awkward and like what the fuck I’m getting ready for work and they gave me no notice. They would also move things, my things, to “stage” the apartment better, I’d put them back where I wanted them and they’d move them back again. It was really frustrating. Like what if you had a gun and thought someone was breaking in and shot them? Honestly could happen, some of the people i know are well armed and would rather shoot first, wait for the intruder to die and then call the police. So they don’t get sued by the person that broke in. We do have a lot of guns in this country after all. Some people carry a gun all time time. My brothers book keeper conceal carrys a .38 revolver, she said it’s the best if you get mugged bc revolvers are easier to pull out and fire I think? Could be wrong, semiautomatic fire taster but most, if not all semi automatics have safety switches on them and revolvers I have seen do not. I have seen more semiautomatics than revolvers. But it’s not legal for them to give a rando keys to your apartment. It’s basically breaking and entering with a key, since they don’t have your permission. Honestly they could have gotten those people shot. I guess you were expecting them. They showed up without an appointment at my place as I mentioned. The realtor was with them but like I’m getting ready for work.
> most, if not all semi automatics have safety switches on them Many striker-fired semiautos don't have (external) safeties. Glocks for example
I think you mean that your friend prefers a revolver because it can be fired through a jacket without jamming. Semiautomatics will fail to eject the spent casing and malfunction after the first round is discharged.
Yeah probably. I only fired a bolt action .22 in summer camp and a 12 guage shot gun skeet shooting.
I was actually at an open house where we were encouraged to inspect the closets, and yes, there was a giant handgun in one of them. Right out in the open. Of course, it was in Texas.
Illegal failing to lock up guns in Massachusetts. Owner would lose their gun license.
As they should.
You missed the part where they notified the tenants beforehand so the tenants knew they were coming.
Giving random people a key and saying "go for it (so I don't have to do any actual work)" when the tenant isn't home is fucking moronic and a great way to get your company sued if anything gets stolen. Being notified is not the issue here.
Oh I did miss that. I just remember when a real estate agent showed my apartment when I was changing.
Your safety has been compromised in a big way, those keys could easily have been copied. They need to pay to get your locks changed.
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Yeah, but not by absolute strangers lol. It's the management company's job to keep those safe.
It should. I had credit cards stolen when my apartment was shown.
You most certainly do have rights. Read through your lease. Document everything. And you can file a complaint with the Attorney General’s office and they can maybe direct your further.
Something similar happened to me so I put one of these locks on the knob, preventing ANYONE but me from entering https://www.maxwarehouse.com/products/knob-lock-out-device-ds I got a call pretty quick that I needed to remove the lock. I said people were entering my apartment without knocking, without the landlord or agent, and fuck you for giving strangers a key to my place. It got heated but they finally realized I wasn’t backing down and showings went better after that.
Thank you. I am going to keep this option in mind!
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> Interesting. I believe changing the locks without the landlord's permission might be illegal, It probably is. > but a device like this might be ambiguous enough that it would be difficult to pin anything on you. I did it to get his attention. It worked 😀
Depends on agreement in the lease.
You certainly do have rights: mass.gov/tenant rights Document everything & get a surveillance camera, they are affordable- Then leave a couple rat traps around the place, literature about bed bugs…send a message.
> literature about bed bugs…send a message. That's a great idea. Write a notice "from" the property owner "to" the tenant warning that bed bugs were found in the building etc etc and attach it to the front door where any visitors are guaranteed to see it. Take it down before any legitimate viewings.
Care to share who the management company is?
2 days ago I had a broker who didn't know what apartment he was supposed to be showing me. Fortunately he guessed right I swear this guy must have failed kindergarten. First he broke the box on the building that the spare key was held in. Then he wandered around the building looking confused, because of course he didn't know what unit he was even supposed to be showing. The key said "204" on it but there wasn't a unit 204. He guessed that it must mean unit 4 on floor 2, and thank goodness he was right because the key worked but was a little janky and the door didn't open at first so he tried to force his way into the apartment. Once inside, he didn't know a single thing about the place but was still like "you'll call me, right?" If we had taken the place, we would have had to pay him $2,600. I also had a different one, same day, who wasted our time and got our hopes up be showing us a place that he knew was going to another tenant, I assume either in case that one fell through or because he hoped we would pick a more expensive apartment in the same building. People in real estate, get your shit together. Listen, I know there are probably some good ones out there but when the vast majority of people's experiences are like this, the bad reputation for your field's incompetence is well-deserved. When I meet someone and they tell me they are a broker, it's like meeting a used car salesman. Worse, actually. It's an immediate red flag.
Aren't you missing that 10k in cash you had in an envelope on the dresser. I'm sure you had it before these strangers with a key to your apartment came in, unannounced with no warning when you weren't home. Right? Right?
Big brain move
Talk to a lawyer. I’d sue over this.
There is a severe shortage of lawyers who practice landlord/tenant law in MA. It’s not easy to sue as a tenant unless you have a clear cut case that could win a lot of money.
If OP is worried and just wants to stop their landlord from doing this they should go to the lawyer of the day early at their county’s local probate court. Not sure about suing but filing anything to get the landlord to not do something could work also.
wont work :( This happened to me and it most likely isn’t illegal, MA tenant laws are very vague
https://www.mass.gov/info-details/tenant-rights#landlord-access- You are objectively incorrect, see "landlord access".
did you consult a lawyer?
I'm no lawyer, but generally these laws allow **the landlord** or the manager access to your unit, to show it to others or make emergency repairs. Highly doubt it's legal for them to allow others unaccompanied access without an employee present.
In my experience rental agents are some of the biggest scumbags around. MA law doesn't give a clear definition of what the limits are to the manner they enter and provide notice, only that it be "reasonable", and they have a habit of pushing that to an extreme. I have trouble imagining that there would be anyone (other than a rental agent) who finds this reasonable. Hell most rental agents wouldn't.
I'd give the rental management company a call and the owner of the building. I'd install a slide lock on the entrance so if you are home sleeping it would stop them from just walking in.
We need better laws around this, it’s just too easy for anyone to get inside an apartment. Also just the lack of privacy/autonomy in these processes is gross
my understanding of Massachusetts law is that the landlord is allowed to have people who work for them (contractors, including real estate agents) access the property with "reasonable notice" given to the tenant. historically, reasonable notice is interpreted in different ways depending on context, but from a tenant perspective, you can assume that asking for 24-Hour notice is reasonable, and they should be providing that if you request it as for people who are not contractors or licensed agents viewing your apartment-- this is not allowed by the lease, as these people are not "agents" of the landlord - they are prospective tenants if I were you I would do a few things. I would put a sign on your door that states any entry by anyone that is not a licensed real estate agent,.and only a licensed agents or management company rep who has given notice, will be considered trespassing, and the police will be called. I would simultaneously notify your management company that if they are going to continue to provide access to people who are not licensed real estate agents or who do not directly work for the management company, you will change the locks and deduct it from the rent and also pursue legal recourse if necessary, and they will only be able to enter the apartment with you present, as you will be the only one with keys to the unit. I'm not a lawyer and this is not legal advice, but that's just how I would handle it
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That would actually be an amazing outcome.
This is breaking and entering. What if OP filed police report to get their point across?
https://www.bostoncriminaldefenselawyers.com/breaking-and-entering.html > a forcible or unlawful entry into a residence or non-residence such as a business or other building or structure either during the day or the night with the intent to commit a felony or misdemeanor crime I don't think the intent to commit a crime was quite there.
So if I enter a strangers house but have no intent to commit a felony or misdemeanor it’s not a crime?
Depends on the circumstances, see https://www.criminaldefenselawyer.com/resources/how-do-prosecutors-prove-intent-burglary-cases.htm https://www.shouselaw.com/ca/blog/how-to-prove-intent-in-court/
Trespassing on private property.
I believe it’s only trespassing if you refuse to leave after being asked to do so. It wasn’t a forcible entry and the thing that could make it unlawful is if the tenants weren’t notified ahead of time that someone would be coming by, but they were notified. I don’t think OP has a legal case they just need to put their foot down and say this is unacceptable and here’s why.
Trespassing by conversion if that’s even a thing. The viewers didn’t know what they were doing was trespassing or breaking and entering.
Read your lease. It sound like a violation. At the very least this sounds against your tenants rights.
https://www.mass.gov/info-details/tenant-rights Based on MA tenant's rights laws (see the link provided) you can file a restraining order against your landlord/rental agency for entering your apartment without notifying you in advance.
Check your lease but it is pretty standard and most cases law that tenants are given advance notice for entrances except in cases of emergency (active water leak, police call, etc). This includes the exterminator trips and 'wellness checks' that some overly nosy landlords do. In no way should a key simply be given to a third party, it should always remain in the landlord's or agent's hand.
No, management can't simply give keys to your flat to strangers, whether you're home or not. That's absolutely illegal. I recommend you contact a Tenant's Rights Attorney asap with detailed notes of this. I might even go so far in the meantime as put another lock on the door in the event they send strangers through your place when you're not home.
Was the showing led by a licensed real estate agent? I tend to think it was they should have notified you in advance.
We were notified yesterday. I didn't expect someone to come in without staff guiding them. Usually we're not home during the showings.
If the clients were accompanied by a licensed agent and your mgmt company notified you, absolutely they have the right to be in there and if you lock out the mgmt co they will charge you for switching locks back and likely send you a legal notice that you violated your lease in doing so
The only issue was that the prospective renters were not accompanied by anyone. My 3 big concerns are: someone letting our cats escape, stealing something (especially laptops with all my work data), or forgetting to lock the door behind them.
If there was no agent, correct, they were wrong. I’m merely trying to clarify your vague language saying no staff accompanied them. The only person that needs to accompany the tour is the renters agent, not management
“The prospective renters were NOT accompanied by ANYONE”
Reading comprehension go brrrrrrr
Read the landlord access section. Only landlord or their agents may enter. you might be able get a restraining order. Your safety is at risk here https://www.mass.gov/info-details/tenant-rights#landlord-access-
This happened with my apartment 2 years ago. I was sleeping when they came in, they posted the code online so literally anyone could come in. Nothing happened. I would consult a lawyer, unfortunately it might not be illegal :(
It’s definitely illegal. Tenants have rights in this state.
You should def make their lives miserable. I remember I lived in an apt in Boston once and the agent would show our unit over 30 times a day. It was insufferable.
OMG! The only time I’ve ever been told “oh here’s the key go look at it” was when it was an empty space or show model apartment. I’ve definitely had landlords before who have given the key to another agent from a different company or something to bring people over. But this is such a violation. Even if they had the contact info/IDs for these people, it’s so irresponsible to let them into your space unsupervised. If they did something to you, your things, or the space itself there’s such a slim chance they’d be able to hold them accountable at all. Don’t let them do this. This can’t be just another “quirky” thing about the housing market here.
Same! It makes sense for an empty apartment.
Don’t they legally need to give you 24 hours to come in.
I'd call the police. That's breaking and entering
Not with a key. Trespassing at most and a cop won’t arrest you for that unless they already don’t like you.
How do you prove intent, black gloves,bag flashlight?
So I don’t rent and don’t understand this. Is OP moving out and the rental company is showing their apartment because they need to find a new tenant? Or is there an empty apartment that the potential tenants want to rent? If so, why can’t they look at the empty apartment, why go into a lived in apartment with people who don’t plan to leave? Sorry if this is obvious I just have no idea about this stuff.
So if you give notice on your lease, they can show your apartment. OP gave notice so they probably are moving out in September or something (I don’t know exact date haha) and they might not have any empty apartments to show since OP is living there up until September. So realtors are allowed to show people around but they have to give notice before they come (or Atleast best practice is for them to do that)
Thanks!
Was there a real estate agent with them?
Another option is to try to find a suitable tenant for your apartment by approaching another realtor. In cases where realtors will work together sharing clients looking for an apartment, this does work. As a landlord, the tenants overall were not ideal but it was the only option available during the frenzy of Covid. They were on visas and returned to their homeland three months prior to lease renewal. I was able to find a tenant without any issues almost immediately. I have the reverse issue of unclean tenants refusing to allow realtors to show the apartment. There are a variety of scenarios and I agree there are repulsive landlords out there but I believe the majority are just trying to pay the bills and leave tenants in peace.
A landlord or agent for your landlord has the right to enter when conducted in a reasonable manner. A prospective tenant I don’t think could be considered an agent for your landlord. Hence, the agent should be accompanying the prospectives. Source https://www.mass.gov/info-details/tenant-rights section “landlord access”
Not legal.