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If you’re renting a place in Massachusetts, you might wonder what happens when your landlord wants to renovate, especially if you’re still living there. On the other hand, if you own rental property, you may be thinking about upgrading your unit mid-lease. Either way, it’s not as simple as just picking up a toolbox and getting started.
Both landlords and tenants have rights, and knowing how to approach renovations the right way can prevent a lot of stress. Here’s what you should know about doing renovations while a property is still occupied.
Understanding the Landlord’s Right to Enter
In Massachusetts, landlords do have the right to enter a rental unit, but only under certain conditions. State law allows entry for things like:
- Making necessary repairs
- Inspecting the premises
- Showing the unit to prospective tenants or buyers
- Completing agreed-upon renovations
However, this right isn’t open-ended. Entry must be reasonable and usually requires advance notice—typically at least 24 hours. The law doesn’t spell out every situation, but common sense goes a long way.
Renovation projects should not be used as an excuse to disrupt tenants or invade their privacy. A fresh coat of paint might be no big deal, but a full kitchen remodel while someone is still living there? That’s another story.
The best approach is communication. A landlord who discusses the work ahead of time and sticks to agreed-upon hours is far less likely to run into legal problems.
Notice Requirements and Reasonableness
A landlord who plans to renovate needs to give reasonable notice to the tenant. In most cases, 24 hours’ notice is considered fair—unless there’s an emergency, like a burst pipe.
But even with notice, there’s a limit to what a landlord can do without crossing the line. Major projects that involve loud construction, extended access to private spaces, or removing access to basic necessities may require more than just a heads-up—they may require approval or even relocation.
Some renovations are simply too disruptive to carry out with someone still living in the space. If you’re planning work that will shut off water or heat for more than a few hours, block access to bedrooms, bathrooms, or kitchens, or last for weeks on end, then you’re likely pushing the limits of what’s reasonable. In these situations, landlords should consider negotiating a temporary rent reduction or arranging for alternative housing.
Tenant Rights During Renovations
Massachusetts tenants have the right to “quiet enjoyment” of their home. That means they should be able to live in peace without ongoing disruptions. Renovations that interfere with this right may violate the lease—even if they were meant to improve the property.
If a tenant loses access to heat, hot water, or usable space for long periods of time, they may be entitled to:
- A rent reduction
- The option to break their lease
- Compensation for any losses
It’s also worth noting that renovations must be done in compliance with all local codes and ordinances. Safety matters, and shortcuts can backfire.
Tenants should document problems in writing, take photos when appropriate, and keep track of all communication with the landlord. If the situation doesn’t improve, they may have grounds to take legal action.
When Renovations May Cross the Line
Not all renovations are lawful just because the landlord owns the property. Some actions can amount to harassment or even constructive eviction. For example:
- Repeated loud construction at odd hours
- Unannounced entry into the unit
- Ongoing interference with utilities
In these cases, a tenant may be able to sue for damages or end their lease early. The law focuses on reasonableness—if the work could wait or be handled another way, the landlord may be found at fault.
How We Can Help
At LaFountain & Wollman, P.C., we help both tenants and landlords understand their rights and protect their interests. Whether you’re trying to renovate responsibly or you’re living through disruptive repairs, we’ll review your lease, explain your options, and step in if things aren’t handled fairly.
Respecting Rights While Updating the Property
Renovations during a lease aren’t automatically off-limits, but they come with responsibilities. A fair balance between property improvements and tenant rights can go a long way. If you’re unsure whether your situation is lawful or how to handle it, reach out to our team for practical guidance and support.