Q We currently have a renter that was sneaked in by the owner. What is the proper way of addressing this and what are our legal rights? Can there be fines made to the owner? How can the unscreened renter be removed?

—Illegal Sublet

A “The answer will depend on what basis the condominium prohibits renters or requires approval of renters,” explains attorney Stephen Marcus of Marcus Errico Emmer & Brooks, P.C in Braintree, MA. “If the requirement is in the master deed or trust or bylaws, it is likely enforceable. If it is in a rule, it is likely unenforceable in Massachusetts. If enforceable, you could fine the unit owner for the violation if you have adopted a fining schedule. Also, pursuant to the Massachusetts Condominium Act, you could assess the unit owner for any legal fees and costs incurred in enforcing your condominium documents. Finally, you could bring a lawsuit against the unit owner and attempt to get an injunction whereby the court orders the tenant to vacate the premises. Of course, you should check out your facts and make sure that the unit is truly being rented in violation of the documents. For example, it may be that the unit owner is having a visitor use the unit. There is no reason not to first call or write to the unit owner to see if there is another side to the story.”