Many landlords are surprised to learn that even though they own a property, and even though their lease contains no express covenants of quiet enjoyment, they cannot enter into their tenant’s apartment whenever they want, even if the tenant is allegedly violating their lease. Entering without proper notice, or outside of very specific circumstances, can lead to legal claims from a tenant for breach of the implied covenant of quiet enjoyment.
Massachusetts Courts and M.G.L. c. 186, § 14 state that tenants are entitled to “quiet enjoyment” of their rented property; they are guaranteed the right to be free from ‘serious’ interferences with their tenancies. Doe v. New Bedford Housing Auth., 417 Mass. 273, 285 (1994).
‘Implied covenant’, means that this right is implicit in every contract to lease, whether or not it is expressly written. Not only that, but it is a right that cannot be invalidated regardless of the lease language. A claim for breach of quiet enjoyment can be brought by a tenant against a landlord for civil damages as well as a defense in a claim by a landlord against tenant.
The most common circumstances in which a landlord may enter into a tenant’s property are:
- To make necessary and/or agreed repairs;
- To show the property to prospective tenants, buyers, or other interested parties;
- To inspect the premises (i.e. as condition of the lease, to determine if the premises are abandoned)
- If there is an ongoing emergency that requires attention (i.e. fire, flood, gas leak)
The only time in which a landlord should enter a tenant’s apartment without proper and prior notice is under 4 above, in case of an emergency. Otherwise the landlord must provide notice to the tenant that they are entering the property. Unless the lease says otherwise, the notice should preferably be in writing, either through email, letter, text, or whichever medium which you are most likely to be noticed. Unless the lease says otherwise, twenty-four (24) hours is generally acceptable, though forty-eight (48) hours is less intrusive and therefore safer for the landlord.
Do NOT: avoid entering into a unit that needs repairs for fear of violating this covenant. A landlord violates M.G.L. c. 186, § 14, when its acts or omissions impair the value of the leased premises. Jablonski v. Clemons, 60 Mass. App. Ct. 473, 476 (2004).
Do NOT: Enter into tenant’s apartment without prior notice because you are frustrated by tenant not paying rent, especially if the tenant turns out to only be wearing underclothes. You may be compelled to pay three months’ rent in damages. Jeffrey Ginsberg v. Edward Riggio et al, No. 24H79SP003050, Housing Ct. (Feb. 5, 2025).
Do NOT: send contractors into a tenant’s unit without prior notice. Even though it’s technically not the landlord entering the unit, it can have a similar effect of interfering with quiet enjoyment.
Do NOT: turn off any utilities because of alleged lease violations on behalf of the tenant.
DO: notify the tenant, through a medium you have communicated before and at least twenty-four hours in advance, that someone will enter the unit to perform maintenance work.
DO: in the event of an emergency, attempt to contact the tenant by a more immediate medium like phone or text to coordinate an appropriate response. Even if you are planning on entering the unit in response to an emergency, notify the tenant if they are not present.