Massachusetts tenant laws play a big role in shaping the landlord-tenant relationship in the Commonwealth. These regulations establish the rights and responsibilities of both parties, ensuring fair and equitable housing practices. Both landlords and
tenants must have an understanding of these laws to navigate the rental landscape effectively and avoid potential legal issues.
This article dives into essential Massachusetts tenant laws that every landlord should know. It covers key aspects such as rental agreements, security deposits, rent payment rules, and eviction procedures. Additionally, it explores topics like habitability standards, fair housing regulations, and tenant privacy rights. By familiarizing themselves with these laws, landlords can foster compliance and positive relationships with their tenants while protecting their property investments.
Rental Agreements and Leases
In Massachusetts, rental agreements are legal documents that outline the terms and conditions of renting a property, ensuring clarity and protection for both parties involved.
Leases Vs. Rental Agreements
Lease agreements differ from rental agreements in terms of duration and flexibility. Leases typically last for 12 months or longer, while rental agreements are
often shorter-term or month-to-month. Landlords have more flexibility to change terms in rental agreements, whereas lease terms are generally fixed for the duration of the agreement.
Key Components of MA Leases
A valid Massachusetts lease agreement
must include specific information:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Non-payment of rent: 14-day notice to quit
- Lease violations: 30-day notice to quit
- Termination of month-to-month tenancy: 30-day notice to quit
- Illegal activity (for daily or weekly tenants): 7-day notice to quit
It’s crucial for landlords to ensure that tenants actually receive the notice
for it to be effective. The notice must specify the exact date the tenancy will end.
The Eviction Process
If tenants fail to vacate or remedy the situation within the notice period, landlords must file a
summary process case with the court. The steps in the eviction process include:
- Filing a summons and complaint with the court
- Serving the summons and complaint to the tenant via a sheriff or constable
- Attending the court hearing
- Obtaining a judgment and execution order if the court rules in favor of the landlord
After receiving the execution order, tenants have
10 days to appeal or vacate the property. If they remain, the landlord can request the sheriff or constable to remove the tenant, providing 48 hours’ notice before the actual eviction. It’s important to note that only a sheriff or constable can physically remove a tenant and their belongings, and
this can only occur on weekdays between 9 am and 5 pm.
Habitability and Repairs
Landlord’s Maintenance Responsibilities
In Massachusetts, landlords have a
legal obligation to provide safe and habitable living environments for their tenants throughout the entire tenancy. This requirement is enforced through the
State Sanitary Code, which aims to protect the health, safety, and well-being of tenants and the general public. Landlords must maintain the structural elements of the building, including foundations, floors, walls, doors, windows, ceilings, roofs, staircases, porches, and chimneys, to ensure they are weathertight, watertight, and free from
โchronic dampnessโ.
Specific responsibilities include:
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- The landlord must provide a notice that terminates the existing tenancy at the current rent.
- They must offer a new tenancy at a higher rent
Landlords must give
at least 30 days’ notice or one full rental period (whichever is longer) before the proposed rent increase date. For fixed-term leases,
landlords cannot increase rent until the lease term expires.
Rent Control Considerations
Massachusetts currently
prohibits cities and counties from enacting their own rent control legislation 10. Prior to this, several municipalities, including Boston, Brookline, and Cambridge, had rent control policies in place. While landlords have the ability to set rental prices, they are prohibited from increasing rent for discriminatory reasons or as retaliation.
Landlord’s Right to Entry
In Massachusetts, landlords have specific rights and limitations regarding entering a tenant’s apartment. These regulations aim to balance the landlord’s need to maintain the property with the tenant’s right to privacy.
Notice Requirements
Landlords are required to provide reasonable notice before entering a tenant’s apartment. Generally,
24 hours’ advance written notice is considered appropriate for non-emergency situations. This notice should specify the reason for entry and propose a mutually convenient time. However, in cases of mechanical or repair emergencies that could potentially damage the entire building,
landlords may enter without prior notice.
Permissible Reasons for Entry
Massachusetts law outlines several
legitimate reasons for a landlord to enter a tenant’s apartment, which should be specified in the lease agreement:
- To inspect the premises
- To make repairs
- To show the apartment to prospective tenants, purchasers, mortgagees, or their agents
- To comply with a court order
- If the premises appear to be abandoned
- To inspect for damage within the last 30 days of tenancy.
In emergencies that pose a risk of injury or property damage, landlords can enter
without notice. They may also enter without permission if the tenant is
absent for a week or longer to protect the property.
Consequences of Violating Privacy
Repeated, unnecessary, or unscheduled intrusions by a landlord (or anyone at the property management company) may violate a tenant’s right to
โquiet enjoymentโ. If a landlord enters unreasonably or violates privacy rights, tenants have several options:
- File for a temporary restraining order at the local district court
- Send a demand letter outlining grievances and explaining the violation
- Pursue legal action for trespass, breach of quiet enjoyment, or emotional distress in cases of harassment.
We advise that tenants should first attempt a friendly approach before taking legal action. Landlords should respect their tenants’ reasonable expectation of privacy, while tenants should acknowledge the landlord’s right to safeguard their investment. This balance is important for maintaining a happy landlord-tenant relationship and ensuring compliance with Massachusetts tenant laws.
Eviction Laws and Procedures
Legal Grounds for Eviction
In Massachusetts, landlords can start eviction proceedings for several reasons. The most common grounds of eviction are
non-payment of rent, violation of lease terms, and termination of a month-to-month tenancy.
Proper Notice Requirements
Before filing an eviction case, landlords must provide
proper notice to tenants. The type and duration of notice depend on the reason for eviction:
- Non-payment of rent: 14-day notice to quit
- Lease violations: 30-day notice to quit
- Termination of month-to-month tenancy: 30-day notice to quit
- Illegal activity (for daily or weekly tenants): 7-day notice to quit
It’s crucial for landlords to ensure that tenants actually receive the notice
for it to be effective. The notice must specify the exact date the tenancy will end.
The Eviction Process
If tenants fail to vacate or remedy the situation within the notice period, landlords must file a
summary process case with the court. The steps in the eviction process include:
- Filing a summons and complaint with the court
- Serving the summons and complaint to the tenant via a sheriff or constable
- Attending the court hearing
- Obtaining a judgment and execution order if the court rules in favor of the landlord
After receiving the execution order, tenants have
10 days to appeal or vacate the property. If they remain, the landlord can request the sheriff or constable to remove the tenant, providing 48 hours’ notice before the actual eviction. It’s important to note that only a sheriff or constable can physically remove a tenant and their belongings, and
this can only occur on weekdays between 9 am and 5 pm.
Habitability and Repairs
Landlord’s Maintenance Responsibilities
In Massachusetts, landlords have a
legal obligation to provide safe and habitable living environments for their tenants throughout the entire tenancy. This requirement is enforced through the
State Sanitary Code, which aims to protect the health, safety, and well-being of tenants and the general public. Landlords must maintain the structural elements of the building, including foundations, floors, walls, doors, windows, ceilings, roofs, staircases, porches, and chimneys, to ensure they are weathertight, watertight, and free from
โchronic dampnessโ.
Specific responsibilities include:
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Unpaid rent
- Unpaid increase in real estate taxes (if specified in the lease)
- Reasonable costs for repairing damage caused by the tenant.
It’s crucial to note that
landlords cannot deduct for normal wear and tear. If deductions are made, the landlord must provide a detailed list of damages and necessary repairs, along with written evidence of the costs,
within 30 days after the tenancy ends.
Failure to comply with these regulations can result in severe penalties. Landlords may be required to
pay triple damages, interest, costs, and attorney’s fees if they mishandle the security deposit or fail to return it properly.
Rent Payment and Increase Laws
Due Dates and Late Fees
In Massachusetts, rent is typically due at the beginning of each rental period or what is specified in the lease agreement. Most leases set the rent due date as the 1st of the month. Landlords can charge late fees if rent is paid after the due date, but these fees must be reasonable and specified in the lease. A typical late fee
might be a flat rate of $50 or 5% of the monthly rent.
However, Massachusetts law
prohibits charging late fees before 30 days have passed. This regulation differs from many other states and
has been criticized for potentially creating challenges for landlords in incentivizing timely payments.
Rent Increase Procedures
For tenants without a lease or those in public or subsidized housing,
landlords can propose a rent increase at any time. However, the process must follow specific legal requirements:
- The landlord must provide a notice that terminates the existing tenancy at the current rent.
- They must offer a new tenancy at a higher rent
Landlords must give
at least 30 days’ notice or one full rental period (whichever is longer) before the proposed rent increase date. For fixed-term leases,
landlords cannot increase rent until the lease term expires.
Rent Control Considerations
Massachusetts currently
prohibits cities and counties from enacting their own rent control legislation 10. Prior to this, several municipalities, including Boston, Brookline, and Cambridge, had rent control policies in place. While landlords have the ability to set rental prices, they are prohibited from increasing rent for discriminatory reasons or as retaliation.
Landlord’s Right to Entry
In Massachusetts, landlords have specific rights and limitations regarding entering a tenant’s apartment. These regulations aim to balance the landlord’s need to maintain the property with the tenant’s right to privacy.
Notice Requirements
Landlords are required to provide reasonable notice before entering a tenant’s apartment. Generally,
24 hours’ advance written notice is considered appropriate for non-emergency situations. This notice should specify the reason for entry and propose a mutually convenient time. However, in cases of mechanical or repair emergencies that could potentially damage the entire building,
landlords may enter without prior notice.
Permissible Reasons for Entry
Massachusetts law outlines several
legitimate reasons for a landlord to enter a tenant’s apartment, which should be specified in the lease agreement:
- To inspect the premises
- To make repairs
- To show the apartment to prospective tenants, purchasers, mortgagees, or their agents
- To comply with a court order
- If the premises appear to be abandoned
- To inspect for damage within the last 30 days of tenancy.
In emergencies that pose a risk of injury or property damage, landlords can enter
without notice. They may also enter without permission if the tenant is
absent for a week or longer to protect the property.
Consequences of Violating Privacy
Repeated, unnecessary, or unscheduled intrusions by a landlord (or anyone at the property management company) may violate a tenant’s right to
โquiet enjoymentโ. If a landlord enters unreasonably or violates privacy rights, tenants have several options:
- File for a temporary restraining order at the local district court
- Send a demand letter outlining grievances and explaining the violation
- Pursue legal action for trespass, breach of quiet enjoyment, or emotional distress in cases of harassment.
We advise that tenants should first attempt a friendly approach before taking legal action. Landlords should respect their tenants’ reasonable expectation of privacy, while tenants should acknowledge the landlord’s right to safeguard their investment. This balance is important for maintaining a happy landlord-tenant relationship and ensuring compliance with Massachusetts tenant laws.
Eviction Laws and Procedures
Legal Grounds for Eviction
In Massachusetts, landlords can start eviction proceedings for several reasons. The most common grounds of eviction are
non-payment of rent, violation of lease terms, and termination of a month-to-month tenancy.
Proper Notice Requirements
Before filing an eviction case, landlords must provide
proper notice to tenants. The type and duration of notice depend on the reason for eviction:
- Non-payment of rent: 14-day notice to quit
- Lease violations: 30-day notice to quit
- Termination of month-to-month tenancy: 30-day notice to quit
- Illegal activity (for daily or weekly tenants): 7-day notice to quit
It’s crucial for landlords to ensure that tenants actually receive the notice
for it to be effective. The notice must specify the exact date the tenancy will end.
The Eviction Process
If tenants fail to vacate or remedy the situation within the notice period, landlords must file a
summary process case with the court. The steps in the eviction process include:
- Filing a summons and complaint with the court
- Serving the summons and complaint to the tenant via a sheriff or constable
- Attending the court hearing
- Obtaining a judgment and execution order if the court rules in favor of the landlord
After receiving the execution order, tenants have
10 days to appeal or vacate the property. If they remain, the landlord can request the sheriff or constable to remove the tenant, providing 48 hours’ notice before the actual eviction. It’s important to note that only a sheriff or constable can physically remove a tenant and their belongings, and
this can only occur on weekdays between 9 am and 5 pm.
Habitability and Repairs
Landlord’s Maintenance Responsibilities
In Massachusetts, landlords have a
legal obligation to provide safe and habitable living environments for their tenants throughout the entire tenancy. This requirement is enforced through the
State Sanitary Code, which aims to protect the health, safety, and well-being of tenants and the general public. Landlords must maintain the structural elements of the building, including foundations, floors, walls, doors, windows, ceilings, roofs, staircases, porches, and chimneys, to ensure they are weathertight, watertight, and free from
โchronic dampnessโ.
Specific responsibilities include:
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Hold tenants responsible for ordinary wear and tear repairs
- Make tenants liable for repairs beyond their apartment
- Prevent tenants from suing the landlord or reporting Sanitary Code violations
- Prohibit tenants from joining a tenants’ union
- Allow late fees for rent payments less than 30 days overdue.
Modifying Lease Agreements
Lease amendments serve as a tool for documenting changes to existing agreements. These modifications
can address various aspects, such as lease renewals, rent adjustments, pet policies, or tenant changes. Both parties must agree to the modification, and it should be in writing to ensure enforceability. Verbal modifications may face challenges, especially if the original contract requires written changes.
Security Deposit Regulations & Handling
Maximum Deposit Amount
In Massachusetts, landlords are allowed to collect a security deposit equal to
one month’s rent. This deposit serves to protect the landlord against potential losses due to unpaid rent or property damage caused by the tenant. It’s important to note that the security deposit amount cannot exceed the cost of one month’s rent.
Proper Handling of Deposits
Landlords must follow strict guidelines when handling security deposits. They are required to hold the deposit in
a separate, interest-bearing account in a Massachusetts bank. An out-of-state bank is not permissible, as ruled in the
2007 case of Taylor v. Burke. Within 30 days of receiving the deposit, landlords must provide tenants with a receipt containing information including the bank’s name, location, account number, and a description of the rental unit.
Landlords must also pay interest on the security deposit. Starting from the first day of tenancy, tenants can
receive 5% interest annually or the actual amount of interest earned if less than 5%. This payment must be accompanied by a statement detailing the bank information and interest amount.
Return of Security Deposits
Landlords must return the security deposit or any remaining balance
within 30 days after the tenancy ends. However, they may make deductions for:
- Unpaid rent
- Unpaid increase in real estate taxes (if specified in the lease)
- Reasonable costs for repairing damage caused by the tenant.
It’s crucial to note that
landlords cannot deduct for normal wear and tear. If deductions are made, the landlord must provide a detailed list of damages and necessary repairs, along with written evidence of the costs,
within 30 days after the tenancy ends.
Failure to comply with these regulations can result in severe penalties. Landlords may be required to
pay triple damages, interest, costs, and attorney’s fees if they mishandle the security deposit or fail to return it properly.
Rent Payment and Increase Laws
Due Dates and Late Fees
In Massachusetts, rent is typically due at the beginning of each rental period or what is specified in the lease agreement. Most leases set the rent due date as the 1st of the month. Landlords can charge late fees if rent is paid after the due date, but these fees must be reasonable and specified in the lease. A typical late fee
might be a flat rate of $50 or 5% of the monthly rent.
However, Massachusetts law
prohibits charging late fees before 30 days have passed. This regulation differs from many other states and
has been criticized for potentially creating challenges for landlords in incentivizing timely payments.
Rent Increase Procedures
For tenants without a lease or those in public or subsidized housing,
landlords can propose a rent increase at any time. However, the process must follow specific legal requirements:
- The landlord must provide a notice that terminates the existing tenancy at the current rent.
- They must offer a new tenancy at a higher rent
Landlords must give
at least 30 days’ notice or one full rental period (whichever is longer) before the proposed rent increase date. For fixed-term leases,
landlords cannot increase rent until the lease term expires.
Rent Control Considerations
Massachusetts currently
prohibits cities and counties from enacting their own rent control legislation 10. Prior to this, several municipalities, including Boston, Brookline, and Cambridge, had rent control policies in place. While landlords have the ability to set rental prices, they are prohibited from increasing rent for discriminatory reasons or as retaliation.
Landlord’s Right to Entry
In Massachusetts, landlords have specific rights and limitations regarding entering a tenant’s apartment. These regulations aim to balance the landlord’s need to maintain the property with the tenant’s right to privacy.
Notice Requirements
Landlords are required to provide reasonable notice before entering a tenant’s apartment. Generally,
24 hours’ advance written notice is considered appropriate for non-emergency situations. This notice should specify the reason for entry and propose a mutually convenient time. However, in cases of mechanical or repair emergencies that could potentially damage the entire building,
landlords may enter without prior notice.
Permissible Reasons for Entry
Massachusetts law outlines several
legitimate reasons for a landlord to enter a tenant’s apartment, which should be specified in the lease agreement:
- To inspect the premises
- To make repairs
- To show the apartment to prospective tenants, purchasers, mortgagees, or their agents
- To comply with a court order
- If the premises appear to be abandoned
- To inspect for damage within the last 30 days of tenancy.
In emergencies that pose a risk of injury or property damage, landlords can enter
without notice. They may also enter without permission if the tenant is
absent for a week or longer to protect the property.
Consequences of Violating Privacy
Repeated, unnecessary, or unscheduled intrusions by a landlord (or anyone at the property management company) may violate a tenant’s right to
โquiet enjoymentโ. If a landlord enters unreasonably or violates privacy rights, tenants have several options:
- File for a temporary restraining order at the local district court
- Send a demand letter outlining grievances and explaining the violation
- Pursue legal action for trespass, breach of quiet enjoyment, or emotional distress in cases of harassment.
We advise that tenants should first attempt a friendly approach before taking legal action. Landlords should respect their tenants’ reasonable expectation of privacy, while tenants should acknowledge the landlord’s right to safeguard their investment. This balance is important for maintaining a happy landlord-tenant relationship and ensuring compliance with Massachusetts tenant laws.
Eviction Laws and Procedures
Legal Grounds for Eviction
In Massachusetts, landlords can start eviction proceedings for several reasons. The most common grounds of eviction are
non-payment of rent, violation of lease terms, and termination of a month-to-month tenancy.
Proper Notice Requirements
Before filing an eviction case, landlords must provide
proper notice to tenants. The type and duration of notice depend on the reason for eviction:
- Non-payment of rent: 14-day notice to quit
- Lease violations: 30-day notice to quit
- Termination of month-to-month tenancy: 30-day notice to quit
- Illegal activity (for daily or weekly tenants): 7-day notice to quit
It’s crucial for landlords to ensure that tenants actually receive the notice
for it to be effective. The notice must specify the exact date the tenancy will end.
The Eviction Process
If tenants fail to vacate or remedy the situation within the notice period, landlords must file a
summary process case with the court. The steps in the eviction process include:
- Filing a summons and complaint with the court
- Serving the summons and complaint to the tenant via a sheriff or constable
- Attending the court hearing
- Obtaining a judgment and execution order if the court rules in favor of the landlord
After receiving the execution order, tenants have
10 days to appeal or vacate the property. If they remain, the landlord can request the sheriff or constable to remove the tenant, providing 48 hours’ notice before the actual eviction. It’s important to note that only a sheriff or constable can physically remove a tenant and their belongings, and
this can only occur on weekdays between 9 am and 5 pm.
Habitability and Repairs
Landlord’s Maintenance Responsibilities
In Massachusetts, landlords have a
legal obligation to provide safe and habitable living environments for their tenants throughout the entire tenancy. This requirement is enforced through the
State Sanitary Code, which aims to protect the health, safety, and well-being of tenants and the general public. Landlords must maintain the structural elements of the building, including foundations, floors, walls, doors, windows, ceilings, roofs, staircases, porches, and chimneys, to ensure they are weathertight, watertight, and free from
โchronic dampnessโ.
Specific responsibilities include:
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
- Names and contact details of landlord and tenant
- Property address and description
- Lease duration and rent amount
- Security deposit and pet policies
- Utilities and maintenance responsibilities
- Rules and regulations for the property
- Termination and renewal clauses
The lease must also provide the
landlord’s name, address, phone number, and the person responsible for maintenance.
Written vs. Oral Leasing Agreements
In Massachusetts, rental agreements
can be either written or verbal. While verbal contracts are legally binding, written agreements are strongly recommended by us and
other industry professionals. Written leases provide clarity on terms and conditions, reducing the potential for disputes. Tenancy-at-will agreements can be written or verbal, but we advise that written documentation is present to protect both parties.
Landlord and Tenant Obligations
Both landlords and tenants have specific obligations under Massachusetts law. Tenants must
pay rent, follow agreed-upon rules, and accept responsibility for damage beyond normal wear and tear. Landlords must provide a safe and clean apartment that complies with the
Massachusetts Sanitary Code.
Prohibited Lease Terms
Massachusetts law
prohibits certain terms in lease agreements. These include clauses that:
- Hold tenants responsible for ordinary wear and tear repairs
- Make tenants liable for repairs beyond their apartment
- Prevent tenants from suing the landlord or reporting Sanitary Code violations
- Prohibit tenants from joining a tenants’ union
- Allow late fees for rent payments less than 30 days overdue.
Modifying Lease Agreements
Lease amendments serve as a tool for documenting changes to existing agreements. These modifications
can address various aspects, such as lease renewals, rent adjustments, pet policies, or tenant changes. Both parties must agree to the modification, and it should be in writing to ensure enforceability. Verbal modifications may face challenges, especially if the original contract requires written changes.
Security Deposit Regulations & Handling
Maximum Deposit Amount
In Massachusetts, landlords are allowed to collect a security deposit equal to
one month’s rent. This deposit serves to protect the landlord against potential losses due to unpaid rent or property damage caused by the tenant. It’s important to note that the security deposit amount cannot exceed the cost of one month’s rent.
Proper Handling of Deposits
Landlords must follow strict guidelines when handling security deposits. They are required to hold the deposit in
a separate, interest-bearing account in a Massachusetts bank. An out-of-state bank is not permissible, as ruled in the
2007 case of Taylor v. Burke. Within 30 days of receiving the deposit, landlords must provide tenants with a receipt containing information including the bank’s name, location, account number, and a description of the rental unit.
Landlords must also pay interest on the security deposit. Starting from the first day of tenancy, tenants can
receive 5% interest annually or the actual amount of interest earned if less than 5%. This payment must be accompanied by a statement detailing the bank information and interest amount.
Return of Security Deposits
Landlords must return the security deposit or any remaining balance
within 30 days after the tenancy ends. However, they may make deductions for:
- Unpaid rent
- Unpaid increase in real estate taxes (if specified in the lease)
- Reasonable costs for repairing damage caused by the tenant.
It’s crucial to note that
landlords cannot deduct for normal wear and tear. If deductions are made, the landlord must provide a detailed list of damages and necessary repairs, along with written evidence of the costs,
within 30 days after the tenancy ends.
Failure to comply with these regulations can result in severe penalties. Landlords may be required to
pay triple damages, interest, costs, and attorney’s fees if they mishandle the security deposit or fail to return it properly.
Rent Payment and Increase Laws
Due Dates and Late Fees
In Massachusetts, rent is typically due at the beginning of each rental period or what is specified in the lease agreement. Most leases set the rent due date as the 1st of the month. Landlords can charge late fees if rent is paid after the due date, but these fees must be reasonable and specified in the lease. A typical late fee
might be a flat rate of $50 or 5% of the monthly rent.
However, Massachusetts law
prohibits charging late fees before 30 days have passed. This regulation differs from many other states and
has been criticized for potentially creating challenges for landlords in incentivizing timely payments.
Rent Increase Procedures
For tenants without a lease or those in public or subsidized housing,
landlords can propose a rent increase at any time. However, the process must follow specific legal requirements:
- The landlord must provide a notice that terminates the existing tenancy at the current rent.
- They must offer a new tenancy at a higher rent
Landlords must give
at least 30 days’ notice or one full rental period (whichever is longer) before the proposed rent increase date. For fixed-term leases,
landlords cannot increase rent until the lease term expires.
Rent Control Considerations
Massachusetts currently
prohibits cities and counties from enacting their own rent control legislation 10. Prior to this, several municipalities, including Boston, Brookline, and Cambridge, had rent control policies in place. While landlords have the ability to set rental prices, they are prohibited from increasing rent for discriminatory reasons or as retaliation.
Landlord’s Right to Entry
In Massachusetts, landlords have specific rights and limitations regarding entering a tenant’s apartment. These regulations aim to balance the landlord’s need to maintain the property with the tenant’s right to privacy.
Notice Requirements
Landlords are required to provide reasonable notice before entering a tenant’s apartment. Generally,
24 hours’ advance written notice is considered appropriate for non-emergency situations. This notice should specify the reason for entry and propose a mutually convenient time. However, in cases of mechanical or repair emergencies that could potentially damage the entire building,
landlords may enter without prior notice.
Permissible Reasons for Entry
Massachusetts law outlines several
legitimate reasons for a landlord to enter a tenant’s apartment, which should be specified in the lease agreement:
- To inspect the premises
- To make repairs
- To show the apartment to prospective tenants, purchasers, mortgagees, or their agents
- To comply with a court order
- If the premises appear to be abandoned
- To inspect for damage within the last 30 days of tenancy.
In emergencies that pose a risk of injury or property damage, landlords can enter
without notice. They may also enter without permission if the tenant is
absent for a week or longer to protect the property.
Consequences of Violating Privacy
Repeated, unnecessary, or unscheduled intrusions by a landlord (or anyone at the property management company) may violate a tenant’s right to
โquiet enjoymentโ. If a landlord enters unreasonably or violates privacy rights, tenants have several options:
- File for a temporary restraining order at the local district court
- Send a demand letter outlining grievances and explaining the violation
- Pursue legal action for trespass, breach of quiet enjoyment, or emotional distress in cases of harassment.
We advise that tenants should first attempt a friendly approach before taking legal action. Landlords should respect their tenants’ reasonable expectation of privacy, while tenants should acknowledge the landlord’s right to safeguard their investment. This balance is important for maintaining a happy landlord-tenant relationship and ensuring compliance with Massachusetts tenant laws.
Eviction Laws and Procedures
Legal Grounds for Eviction
In Massachusetts, landlords can start eviction proceedings for several reasons. The most common grounds of eviction are
non-payment of rent, violation of lease terms, and termination of a month-to-month tenancy.
Proper Notice Requirements
Before filing an eviction case, landlords must provide
proper notice to tenants. The type and duration of notice depend on the reason for eviction:
- Non-payment of rent: 14-day notice to quit
- Lease violations: 30-day notice to quit
- Termination of month-to-month tenancy: 30-day notice to quit
- Illegal activity (for daily or weekly tenants): 7-day notice to quit
It’s crucial for landlords to ensure that tenants actually receive the notice
for it to be effective. The notice must specify the exact date the tenancy will end.
The Eviction Process
If tenants fail to vacate or remedy the situation within the notice period, landlords must file a
summary process case with the court. The steps in the eviction process include:
- Filing a summons and complaint with the court
- Serving the summons and complaint to the tenant via a sheriff or constable
- Attending the court hearing
- Obtaining a judgment and execution order if the court rules in favor of the landlord
After receiving the execution order, tenants have
10 days to appeal or vacate the property. If they remain, the landlord can request the sheriff or constable to remove the tenant, providing 48 hours’ notice before the actual eviction. It’s important to note that only a sheriff or constable can physically remove a tenant and their belongings, and
this can only occur on weekdays between 9 am and 5 pm.
Habitability and Repairs
Landlord’s Maintenance Responsibilities
In Massachusetts, landlords have a
legal obligation to provide safe and habitable living environments for their tenants throughout the entire tenancy. This requirement is enforced through the
State Sanitary Code, which aims to protect the health, safety, and well-being of tenants and the general public. Landlords must maintain the structural elements of the building, including foundations, floors, walls, doors, windows, ceilings, roofs, staircases, porches, and chimneys, to ensure they are weathertight, watertight, and free from
โchronic dampnessโ.
Specific responsibilities include:
- Providing a functioning heating system capable of maintaining temperatures between 68ยฐF and 78ยฐF during the heating season (September 16 to June 14).
- Ensuring adequate water supply with proper pressure and facilities to heat water to temperatures between 110ยฐF and 130ยฐF.
- Maintaining kitchens with functioning sinks, stoves, and ovens, as well as electrical hookups for refrigerators.
- Keeping common areas and apartments free from rodents, insects, and other types of infestations in buildings with two or more units.
Tenant’s Rights to Repairs
Tenants
have the right to request repairs when living conditions do not meet the standards set by the Sanitary Code. If a landlord fails to address issues after being notified, tenants have a few options:
- Rent Withholding: Tenants may withhold a portion or all of their rent until repairs are made. This action is protected under the warranty of habitability, provided certain conditions are met.
- Repair and Deduct: Under specific circumstances, tenants can make necessary repairs themselves and deduct up to four months’ rent to cover the costs.
- Legal Action: Tenants can take landlords to court to force repairs, seek compensation for damages, or request the appointment of a โreceiverโ (or a person or organization appointed by the court) to manage the property.
Consequences of Failing to Maintain Habitability
Landlords who fail to maintain habitable conditions may face serious consequences:
- Courts may order rent reductions for the period during which substandard conditions existed.
- Tenants may be allowed to cancel their lease and receive partial rent refunds.
- Landlords may be fined or even face jail time for violating habitability laws 19.
- Repeated violations can lead to negative reports from health departments or inspectional services, potentially affecting future rentals.
To mitigate these risks, we advise that landlords should stay informed about the latest Sanitary Code requirements and promptly address any reported issues.
Fair Housing and Anti-Discrimination Laws
Protected Classes in Massachusetts
Massachusetts law prohibits housing discrimination based on
various protected characteristics, such as race, color, national origin, religion, sex, familial status, disability, source of income, sexual orientation, gender identity, age, marital status, veteran or active military status, and genetic information. The state’s protections extend beyond federal law, offering more coverage for residents.
Prohibited Discriminatory Practices
Landlords and housing providers are forbidden from engaging in
discriminatory practices. These include refusing to rent or sell, charging higher rent or fees, steering tenants away from certain properties, or denying reasonable accommodations for tenants with disabilities. It’s also illegal to discriminate against families with children or refuse to rent due to the
presence of lead paint. Additionally, housing providers cannot make discriminatory statements that indicate a preference based on protected classes.
Consequences of Violations
Violations of fair housing laws can result in severe penalties. The Massachusetts Commission Against Discrimination (MCAD) enforces these laws. Federal violations can lead to fines of up to
$50,000 for third offenses. Landlords should be cautious about asking seemingly innocent questions or statements that could be construed as discriminatory, such as asking about national origin or mentioning the lack of lead paint remediation. To ensure compliance, landlords must familiarize themselves with these laws and avoid any practices that could be seen as discriminatory. Itโs not worth the risk!
Termination of Tenancy
Proper Notice for Lease Termination
In Massachusetts, terminating a tenancy requires proper notice. For tenancy-at-will agreements, landlords or tenants must provide a written
30-day notice to quit, which should expire at the end of a rental period. For leases, the terms specified in the agreement
dictate the acceptable grounds and notice to quit requirements. We advise that tenants refer to their leasing agreement for proper termination procedures.
Early Termination Circumstances
Certain circumstances allow for early lease termination.
Active-duty military members protected under the Servicemembers Civil Relief Act can break a lease without penalty if relocated.
Victims of domestic violence, stalking, or sexual assault may also terminate their lease early with proper documentation. Additionally,
landlord harassment or failure to maintain health and safety standards can potentially void the lease agreement.
Tenant’s Rights During Termination
Tenants have specific rights during the termination process. Landlords cannot physically remove tenants or their belongings
without a court order. If eviction is necessary, landlords must follow legal procedures, such as providing appropriate notice and filing a civil action in court. Tenants facing issues with landlords
can seek resolution through services offered by the Attorney General’s Office or local housing courts.
Conclusion
Whether you are a Massachusetts tenant or landlord, the information we provided can be hugely helpful for you while navigating tenant-landlord relationships. If you have any questions about the essential laws we outlined, donโt hesitate to reach out to us by emailing
info@maypm.com.
