[PinkLipstick]

I am subletting on a lease with the leaseholder still living in the apartment. He signed for the whole apartment, and two others of us are renting the other two bedrooms and paying him rent. There is no written agreement, but I a careful to detail everything in the memo line on the checks. So, tenancy at will I think. The problem is, he got upset this weekend while I was at work (so I still don't know what about) and changed the locks. He texted me to inform me of this. I know that I should get a 30 day rental period notice. I always pay on time and keep the house very neat. My own space is cluttered as I still haven't unpacked, but my door is locked and closed all the time and I am hardly ever there, so that shouldn't be an issue.

Do I have the right to enforce my 30 day notice and how do I get into my apartment to get my things? Currently in a hotel. Thanks!

Edit: located in Massachusetts

[ScottGem]

Of course you do. You have the same rights as any tenant. The leaseholder is YOUR landlord and must adhere to the law as any landlord.

However, absent a written lease, your rights are constrained by law. Since you did not tell us where you are (any question on law needs to include your general local as laws vary by area). So you may have 30 days, you may have less. Also there is nothing wrong with the landlord changing the locks as long as he gives you a new key. But if he has locked you out, that is an illegal eviction in most areas. You can go to the police who will accompany you to the apartment and inform him he needs to give you a new key and if he wants you out, he has to follow the legal process to evict you.

[AK lawyer]

As ScottGem indicates, the primary lessee/ sub-lessor appears to have unlawfully ousted OP (the sub-lessee or subtenant). The problem is the remedy.

I don't know if the police in Massachusetts will force the sub-landlord to give OP a key. I suspect they will tell OP it's a civil matter. In that case it's a matter of suing for injunctive relief or (perhaps in small claims court) for damages. In some states there are statutes which allow for what in effect are punitive damages (actual monthly rent times a multiple, for example). I suggest that OP contact an attorney to see about effective relief.

[ScottGem]

I know in some cities in CA, the police will force the landlord to let the tenant back in. So I still suggest that you go to the local police dept and ask. If they say they can't help, then file suit. In MA you can sue for your costs (temporary housing, moving etc.) and punitive damages.

P.S. If you want to add additional info, please post a response to the thread rather than edit a previous note.