Quality of Life

Right to Quiet Enjoyment

A tenant’s right to quiet enjoyment is protected by statute. A tenant may recover actual and consequential damages or three months’ rent, whichever is greater, plus reasonable attorneys’ fees, if the landlord interferes with his ability to use and enjoy the premises by:

  1. Attempting to get the tenant to vacate the unit by use of force without going through a court process.

  2. Committing an act of omission, such as failing to provide utilities, that makes the premises substantially unsuitable so as to “constructively” evict the tenant.

Interference with Tenant’s Use and Quiet Enjoyment of Apartment

If a landlord interferes with a tenant’s use and quiet enjoyment of his apartment by, for example, failing to provide utilities, a tenant can sue for up to three months’ rent or actual damages (if higher) plus attorneys’ fees.37

37. G.L. c. 186, §14