Letter: Don’t Mourn, Organize to Stop Tenants from Hell Ruining Amherst Neighborhoods

Before and since adoption of zoning bylaws, neighbors have invoked the legal doctrine of private nuisance against offensive uses of real estate. Compliance with zoning is not a defense to a court complaint for private nuisance. Under that doctrine, the Superior Court can grant injunctive relief against landlords and property managers who allow tenants’ offensive conduct to interfere unreasonably with neighbors’ use and enjoyment of their property. A clearly worded court injunction is enforceable by civil contempt that can result in monetary fines and an award of attorney fees.

To deal with the potential cost of civil litigation (which can run to tens of thousands of dollars), Amherst neighbors must stop just complaining and heed the call of labor union activist Joe Hill to “Don’t mourn, organize!” 

A court complaint with multiple plaintiffs sends a message to the court as well as to a defendant landlord and property manager that this is a popular movement. While having multiple plaintiffs requires decision-making by consensus, it can divide the cost of litigation to the point where each share becomes manageable. Any who mistakenly try to freeload will get their comeuppance because only named plaintiffs will be protected by a court injunction or have a voice in any settlement negotiations.

In my opinion, unless the Town of Amherst enacts a “nuisance property bylaw” that includes rental permit suspension or revocation as a penalty (which raises potential legal issues that could precipitate well funded litigation against the town by organized landlords) don’t expect the overworked Inspection Services or Police Departments to solve this problem for you.

Michael Pill

Michael Pill is a former resident of Amherst, and a current resident of Shutesbury. His law practice is based in Northampton.