We rent a 2 bedroom second story small apartment with a W/D down in a garage below, We see the landlord trying to put apart. for his vaca down below?

Asked by Disapointed Renter, Edgartown, MA Sat Mar 12, 2011

Is this legal for him to come stay use our electric W/ outside shower,put in a tolit and start construction when it sounds& feels like the construction is in our upstairs&if he sleeps below while constructing&plans on comming summer to stay for his personal vacation?We can hear snores from his sleeping and am sure if we can here his conversations he hears ours,seems like he can hear our intimate times we share being married couple&we want to know if this is something we can prevent this from continueing if we have a right for privacy&not to have him hear us talk our intimate time our bathroom vists are heard threw a fan vent that is leading right below to garage -his began after signing a yearround lease? Its a apart above an unusable garage for carswith only 2 doors to acsess he stores his stuff& we have w/d to use down there...He dosnt want us to store anything cause its in the way of him building a pad for himself ?if listed as a single family on the appraiser site ?is it legal ?

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Andrew Adams, , 01915
Sat Mar 12, 2011
It's his house and as long as the town will allow him to do whatever he is doing..you are SOL!
1 vote
Mtweiss, Home Owner, Aquinnah, MA
Fri Jun 17, 2011
Check with the Town Hall to see if he even has a certificate of occupancy to rent the "apartment" - since it is above a garage, probably, but can he move into garage and use your utilities? NO. if property is listed as a "single family" and your lease simply refers to the address, then an argument can be made that the two of you, and you alone have tenancy and thus possessory rights to the property and his coming, sleeping, using your water and electric are all violations of the lease and potentially criminal actions including trespass and larceny.

Your lease is key. Please contact a lawyer or the housing court sometimes has advocates available to answer your inquiries. Best bet is to send written notice of his breach of warranty of habitability and interference with your quiet enjoyment of the premises. Withhold rent under the theory of constructive eviction, stay as long as possible, save the money and find a new place. Screw this guy - he sounds like a complete moron who will lose in court if what you say is true and should be arrested for converting your utilities to his use.
0 votes
Heidi Zizza, Agent, Framingham, MA
Mon Mar 14, 2011
I agree with Andrew, Its his house, if he wants to finish the basement or garage I can't see how you can stop him. I would probably look to move.
0 votes
Pat & Steve…, Agent, Westlake, OH
Sat Mar 12, 2011
I totally agree with hte answer Joyce Lin. Specifically, you need to consult an attorney who handles residential real estate matters. Before you consult with the attorney, make a list of all of the issues you have with your landlord & his activities, so you don't forget any detail. And, you have a lot to discuss. Don't wait. The sooner you have your attorney working on this matter, the better off you will be.
0 votes
Joyce Lin, Agent, Leominster, MA
Sat Mar 12, 2011
Someone who is not an Attorney cannot advise you of your rights.

Contact an Attorney IMMEDIATELY - bring your lease to that Attorney and have him review it and advise you what your rights are with regard to this situation, that is the only way you will know.

You will have to pay for the Attorney, but it will be worth the cost to *know* where you stand *legally*.

One of the rights a home owner or renter has, is the right to quiet enjoyment.

There are also noise ordinances in towns which pertain to what hours power equipment can be used.

Best of luck!

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