Massachusetts Complaint for Breach of Covenant of Quiet Enjoyment

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Multi-State
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US-01270BG
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Word; 
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Description

Quiet enjoyment refers to the right of an occupant of real property, particularly of a residence, to enjoy and use premises in peace and without interference. Quiet enjoyment is often an implied condition in a lease. Quiet is not restricted to an absence of noise; it has been interpreted as uninterrupted. Interference by the landlord may deprive the tenant of expectations under the lease.


This form is a generic example that may be referred to when preparing such a Complaint for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If you and your neighbor have the same landlord, you can ask your landlord for help. Your landlord has a legal duty to protect you from unreasonable disturbances. The law calls this the right to ?Quiet Enjoyment?. Sometimes, this law requires a landlord to evict a tenant.

In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can help resolve a dispute between a landlord and a tenant. If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

Landlord harassment in Massachusetts refers to any behavior by a landlord that interferes with a tenant's peaceful enjoyment of their rental property. This includes the following actions, among others: Unauthorized entry into the rental property without prior notification or consent.

If a landlord causes you severe emotional distress that does not result in physical harm, you can recover for this purely emotional injury if your landlord's actions were reckless or intentional. The money damages may be doubled or tripled if you also claim that the action was an unfair or deceptive practice.

In Massachusetts there are three ways a residential landlord can be liable to a tenant for personal injuries caused by defects in rented premises: negligence, breach of the warranty of habitability and breach of the covenant of quiet enjoyment.

Some jurisdictions have required that the breach amount to actual or constructive eviction. For example, where a landlord's construction activities cause dust, debris, and noise to force a tenant to evacuate their leased apartment, an action for breach of covenant of quiet enjoyment can be supported.

Habitability rights You are entitled to a safe and habitable living environment throughout your entire tenancy. The State Sanitary Code protects the health, safety and well-being of tenants and the general public. Your local Board of Health in the city or town where you are renting enforces the Code.

In Massachusetts, if a landlord interferes or fails to make repairs which result in an interference with your right to use and enjoy your apartment, this may be a breach of quiet enjoyment. The fact that you might owe rent does not prevent you from bringing this type of lawsuit.

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Massachusetts Complaint for Breach of Covenant of Quiet Enjoyment