usurping landlord
April 2, 2009 1:02 PM   Subscribe

In 2001, we moved into our current apartment. It's a slighty dumpy (yet cheap) basement apartment. Along with our apartmet, we received two parking spots and a separate locking storage area in the basement. A few years ago, our landlord sold the building. No problems with the new landlord- everything has been the same. In late March of this year, our landlord mentioned that he wants the locking area for his stuff and told us we must have our stuff cleared out by May. Can he do this? Can we receive compensation (ie x amount off our rent)? We live in Massachusetts , do not want to move unless we have to and don't want to tick off the landlord. The building itself has 4 other apartments and the landlord lives offsite, if that makes a difference. AFAIK, our apartment is legal. Advice, please!
posted by pentagoet to Law & Government (12 answers total)
 
The key question is probably: what does the lease say? If you have a legal document saying you have the use of the storage area, you're golden.
posted by amtho at 1:05 PM on April 2, 2009


Is he looking to take over all the storage areas, or just yours?
posted by mikepop at 1:07 PM on April 2, 2009


seconding the question regarding the lease... If there is no written lease, then the landlord can do pretty much whatever he likes with his property (with what I'm pretty sure is a one-month notice as a standard).
posted by Eicats at 1:13 PM on April 2, 2009


First question is how long your lease runs. If it's month-to-month, the landlord can change the terms starting the first of any month, since he could also kick you out.

Second question is what the lease says.

Of course, even if you're right, you may still piss him off.
posted by palliser at 1:41 PM on April 2, 2009


Even if it doesn't mention specifics in the lease, you may be able to bargain with the landlord. The size of the locker probably matters too.

If it's large enough that you're going to need to rent a storage area somewhere else, negotiate with him and see if he'll knock your rent down by the same amount as the storage area will cost you. If it's smaller, maybe ask for a one time credit in the same amount that you'll need to buy shelving and such to store the stuff in your apartment.
posted by chrisamiller at 1:50 PM on April 2, 2009 [1 favorite]


In case the lease is silent on this, I just wanted to add that I'm not sure that means the landlord definitely wins. The fact that your stuff is there, and has been there for years, is evidence that this space was understood to be part of what you were leasing. I don't know anything about Massachusetts landlord-tenant law in particular, though.
posted by palliser at 1:57 PM on April 2, 2009


Response by poster: OP here. We have no lease-we're month to month, at will tenants.
The rest of the stuff in the basement seems to be a mix of tenants' stuff and materials that he has brought in for maintenance. He also has a small, locked area that he converted when he first moved in and is inaccessible to all but him.
posted by pentagoet at 3:48 PM on April 2, 2009


Yes, he can do this. Without a lease you are on somewhat shaky ground -- this is one way a lease can be a benefit to the tenant. I don't think you have a legal leg to stand on. But, you can and should attempt to appeal to him that you need the space and see if you can work out a compromise. Don't bring up the lease or any kind of legal mumbo-jumbo, just appeal to him as a person. Let him know how happy you are to live there and that you really need the storage space. See if you can find a compromise: either money off your rent, a longer use of the space until you can downsize it or continuous use of the space. If you have any stuff hanging out in the common area, offer to get it tucked away.

I'm afraid if you try to push this as a legal obligation, he'll be well within his rights to terminate your tenancy. If you have a tenant rights group you could give them a call just so you can be sure.
posted by amanda at 4:42 PM on April 2, 2009


The landlord is reducing your space, which seems equivalent to raising your rent. I would check to see whether the apartment is rent-controller or has a lease that auto-renews.
posted by zippy at 7:05 PM on April 2, 2009


I'm with amanda: start by trying to negotiate. Point out that you leased the apartment with the understanding that the rent included the storage space, and that if you no longer had its use, you'd need to rent storage space elsewhere, effectively raising your rent. If you've been good tenants, and you point out that the loss of storage space will mean that you'd be inclined to look for another apartment, your landlord ought to be willing to reach a compromise. If he's unreasonable, then you might want to check with tenants' rights organizations, but the place to start is with an amicable discussion. It's a PITA for a landlord to find a reliable tenant, even in a tight market, so if you've been good, you do have a good position from which to negotiate.
posted by brianogilvie at 7:28 PM on April 2, 2009


Nth negotiating. Start from the standpoint that whatever you've needed it far during the many years you've lived there and emphasize you want to keep the stability. Maybe he only needs some of the space and your stuff only takes up some of the space? Maybe you could agree to pay a few extra bucks more for the use of the space? If it's that big a deal, move it out, find the self-storage place. Best of luck :)
posted by chrisinseoul at 10:02 PM on April 2, 2009


Response by poster: Issue is kinda resolved. He hasn't been asking for the space. Some other tenants moved away and took their stuff. We've cleared out a bit of our space as well.He also hasn't been doing promised minor repairs. All in all, we can live with the status quo.
posted by pentagoet at 11:27 AM on July 4, 2009


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