A Tenant's Handbook to Legal Rights During a Renovation in Boston

 

The housing market of Boston is among the most resilient in the US, offering a pleasant blend of historical charm and modern dynamism. Some of the top locations to rent apartments include the South End, Beacon Hill, and the Back Bay.

With the city's real estate market being so competitive, landlords rush to renovate their properties to maintain good value and steady rent prices. This rush to modernize often makes tenants fall by the wayside.

What does waking up one day unexpectedly to dust and a loud hammering sound like? To many Boston tenants, such a scenario is not hypothetical. It does underscore the importance of tenant rights, but most importantly, awareness of those rights.

This article will serve as a tenant handbook for understanding one's legal rights during renovation in Boston.

 

Right to a Reasonable Notice

Boston is among the top 20 metro areas in the US where new apartment construction is in full swing. As of 2024, over 8,000 apartments were expected to be constructed. Many of these have been converted into rental units to meet growing tenant demands.

Old or new, apartments may require renovations due to a change in building codes, integration of the latest technologies, or structural issues. Whenever the need is felt, the landlord should undertake renovations only after they've provided their renters with reasonable notice.

Generally, the required notice period is at least 24 hours. This duration allows tenants enough time to prepare for the inconvenience and secure their belongings. Only in case of emergency renovations due to plumbing issues or electrical hazards is the landlord free to skip the reasonable notice.

Clear communication should be established between both parties. The landlord should communicate when the work will begin, how long it will last, and whether certain areas of the property will be off-limits.

This will enable tenants to know what to expect and how the said renovation would affect their daily lives. Let's see an example. For most tenants in Boston, kitchen renovation would trigger a need for alternative cooking solutions, especially if major work is needed.

 

Right to Quiet Enjoyment

Renovations are not always quiet activities. They may range from minor upgrades to noisy and disruptive projects. A study has found that large metros are investing the most in home improvement projects. This includes cities like Denver, Portland, and Boston.

Our country's total home improvement expenditure amounted to $526 billion in 2024. If landlords see that there is a pressing need for certain renovations, they can undertake a remodeling project. However, tenants must be aware of the level of disruption that is acceptable.

As a tenant, you possess the right to quiet enjoyment of your rental unit. In legal terms, it means you should be able to reside in your rented space without unnecessary noise, disruptions, or disturbances. Major renovations that create a lot of noise and interference tend to infringe on this right.

If renovations are so disruptive that they make daily living untenable, the tenant is entitled to temporary relief or relocation. Let's say the landlord wants some eco-friendly changes made to the apartment. DOCA Boston Kitchens shares that eco-friendly materials paired with energy-efficient technologies are the future of home design.

The former may require mild disruptions, but installing energy-efficient technologies can be disruptive depending on the system being upgraded. Tenants may not be able to access their space for days, which may be grounds for a temporary relocation.

 

Right to Rent Reduction

Temporary relocation is also the only viable option if the rental unit may be unsafe due to electrical renovations. Typically, landlords are required to provide their tenants with alternative accommodation. At the very least, your landlord should help you find another place in Boston to live temporarily.

It could be another unit within the same property or a nearby rental that works for the duration of the renovation. In such cases, tenants also have the right to a rent reduction. Suppose you had to relocate for a couple of weeks due to major bathroom renovations.

The landlord will have to forego the rent during this period. This is basic and understandable, regardless of whether they provided you with a temporary unit or not. Also, rent reduction becomes a right when the renovation impacts comfortable living.

The exact amount will largely depend on the severity of the disruption. Examples of varying severity include loud noise, power outages, and water shortages on certain days. You can demand that your landlord decrease the rent amount based on the inconvenience.

Boston encourages its tenants to maintain detailed records of the disruptions caused during renovations. They would include the date, duration, and the nature of work undertaken. The record comes in handy while making negotiations with the landlord.

 

Steps to Handle Unapproved or Unwanted Renovations

Tenants need to know that landlords are allowed to take up renovation projects even when the space is rented. However, they cannot do so without following certain procedures, especially if the upgrades may impact the tenant's daily life.

Landlords cannot undertake renovations that threaten their tenants' health and safety. Even so, all changes should be discussed and agreed upon beforehand. If a tenant believes that a renovation is unapproved or excessively disruptive, they may take the following courses of action:

• The first step would involve directly communicating the issue with the landlord. In most cases, the latter will be willing to address the concerns, even if it requires rescheduling the renovation.
• If the communication fails to provide a satisfactory resolution, the next step involves consulting with the Boston Tenants Coalition or a similar legal organization.
• In extreme cases where the renovations are impacting the tenant's health or safety, legal action may be necessary. A complaint can be filed with the local housing authority, which could turn into a lawsuit in the Boston Housing Court.

 

Sadly, the tenant-landlord relationship has received a bad rep across the US. In a 2024 survey, three in five renters said that they have disliked their landlord at some point. One in four admitted to disliking their current landlord.

There could be many reasons for this, but renovations are a particularly trying time for both parties. While this period can be stressful, it doesn't have to turn into a conflict. Clear communication guided by a solid understanding of rights and responsibilities can make the process smooth for everyone involved.

 

 

Published 5/14/25