mass tenant rights guide

8/7/2019 Mass Tenant Rights Guide

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tenantrights andresponsibilities

ConsumerAffairs&BusinessRegulation

a Massachusetts consumer guide to


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Finders FeeOnly a licensed real estate broker or salesperson can charge youa ee or the purpose o nding an apartment. The amount, duedate, and the purpose o the ee must be disclosed to you prior toany transaction. There in no set amount to the ee, as it is a con-

tractual arrangement between the licensed broker or salespersonand you (M.G.L c. 112, 87DDD-1/2).

Pre-paymentsBeore you move in, the landlord can only collect the rst and last

months rent, one months security deposit, and the purchase andinstallation costs or a lock and key (M.G.L. c. 186, 15B).

Rights Against Unlawful Discrimination

Massachusetts law prohibits discrimination in housing on thebasis o race, religion, national origin, age, ancestry, militarybackground or service, sex, sexual preerence, marital status,blindness, deaness, or the need o a guide dog, except owner-occupied two amily dwellings (M.G.L. c. 151B, 4). No landlord

can reuse to rent you an apartment because you receive a rentalsubsidy, because the apartment contains lead, or, with someexceptions, because you have children.

Before Agreeing to a Tenancy (or Signing a Lease)

Do not put money down unless you are sure you want theapartment. Although you may be legally entitled to the returno your money up until the landlord ormally accepts you as atenant, that money may be dicult to recover.

Calculate the anticipated costs o utilities (i.e., heat, electricity)when determining which apartments you can aord.

Know what is expected o you in terms o pre-payments or anders ee.

Finding an apartment.


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Check the apartment to ensure that it is in acceptable condi-tion. Put all agreements or repairs in writing.

Evaluate the proposed tenancy agreement and the responserecord o a non-resident superintendent to ater hoursemergencies.

Talk with perspective neighbors about the competency andreputation o the landlord and/or management company.

Rental AgreementsAccording to state consumer protection regulations, a landlord

must include the ollowing in a written rental agreement:

The names, addresses, and telephone numbers o the ownersand other persons who are responsible or the care, main-tenance, and repair o the property;

The name, address, and telephone number o the personauthorized to receive notices o violations o law and to acceptnotice o a lawsuit on behal o the owner;

The amount o the security deposit and disclosure o the rights

under the Security Deposit Law.

I the landlord uses a lease that contains any provision thatconficts with the Security Deposit Law and attempts to enorcethat provision or attempts to obtain rom you or a prospective

tenant a waiver o any provision o the Security Deposit Law,the landlord cannot keep your security deposit or any reasonincluding making deductions or damages.

You may want to meet the landlord o a small owner occupied

building beore you sign the agreement. This tends to oster agood and congenial relationship rom the start.

The landlord also must give you an executed copy o the rentalagreement within 30 days o your signing it (940 CMR 3.17 (3)).You and the landlord may agree verbally to the terms o yourtenancy. It is saer, however, to get all terms in writing.


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Types of tenancy.

Your legal rights may vary depending on what type o tenancyyou have.

A Tenant with a Lease is one who signs a lease to rent aparticular apartment or a specied period o time. Under thistenancy, the landlord cannot increase your rent until the end othe lease, and cannot attempt to evict you beore the end o yourlease, unless you violate the lease agreement. You are legallyobligated to pay your rent until the end o the lease. However, iyou need or choose to move out beore the end o the lease, inmost circumstances the landlord has a duty to mitigate his/herloss by looking or another tenant to replace you.

A Tenant at Will is one who occupies a rented apartmentwithout a lease, but pays rent periodically (typically monthly). Theagreement or the Tenancy at Will may be either written or verbal.

Either the landlord or you may terminate this arrangement at anytime by giving written notice o 30 days or one ull rental period inadvance, whichever is longer. No reason is required to terminatea Tenancy at Will. I your landlord wants to raise your rent, s/hemust send you a proper legal notice terminating your tenancy,

and then make you an oer to remain in the apartment or theincreased rent.

If your tenancy is subsidized, you may havedifferent rights and responsibilities than those

summarized in this brochure.

Paying the rent.

As a tenant, you have a legal responsibility to pay your landlord

or the use o a place that is in decent condition. Massachusettslaw also provides you with rights that protect the payments youmake to the landlord (M.G.L. c. 186, 15B).

Pre-payments

It is an unair or deceptive practice or a landlord to demand thatyou pre-pay rent in excess o that allowed by law. (See sectionon Finding an Apartment.)


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Late Payment PenaltyA landlord cannot charge interest or a penalty on late rent until

30 days ater the due date. However, the landlord can beginthe eviction process immediately, even i the rent is only one dayoverdue. The landlord also cannot use a reverse penalty clauseto encourage you to pay early. For example, it is illegal or alandlord to reduce the rent by 10% i the rent is paid within the

rst ve days o the month.

Rent IncreasesA rental increase may be any amount the landlord wishes to

charge. Rent or a Tenant with a Lease can be increased only whenthe lease term expires. Tenants at Will may ace a rent increaseat any time, as long as notice is received at least one ull rentalperiod, but not less than 30 days, beore it becomes eective.

Security deposits &last months rent.

Last months rent is the pre-payment to the landlord or thelast month o tenancy. A security deposit is a deposit o money

to the landlord to ensure that rent will be paid and other responsi-bilities o the agreement will be perormed. Neither may begreater that the amount o the rst months rent. I the landlordlater raises the rent, s/he can require you to increase the amounto lasts months rent to equal the new rent. Neither the landlord

nor you can transer one or the use o the other without the otherpartys consent.

Receipts: Upon receiving the last months rent and/or asecurity deposit, the landlord must give you a receipt or each

pre-payment. I the landlord collects the last months rent, s/hemust give you a statement indicating that you are entitled tointerest on this rent and that you should provide the landlord witha orwarding address at the termination o tenancy where interestcan be sent.

Interest: The landlord must pay interest on boththe security deposit and the last months rent. Thepayment o interest on the security deposit and last months rent


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has been required by law since January 1, 1972, and April 1,1984, respectively.

Security Deposit: You are entitled to either 5% interest orwhatever lesser amount is received rom the bank where thedeposit has been held, i you live in the apartment or at leastone year. The law requires the landlord to hold a security deposit

in a separate, interest-bearing account in a Massachusetts bank.Within 30 days o receiving your deposit, the landlord mustgive you a receipt identiying the banks name and address, theaccount number, and the amount o the deposit.

Last Months Rent: You are entitled to either 5% interest orwhatever lesser amount is received rom the bank where your rentwas held. I the last months rent is not held in a bank account,the landlord must pay 5% interest per year. You do not have tolive in your apartment or one year to be eligible or the interest.

Payment of Interest: Interest is payable to you each yearon the anniversary date o your tenancy. The landlord must sendyou a statement o the interest owed, and must either include theinterest or allow you to deduct the amount rom the next rentalpayment. I you do not receive the interest within 30 days othe anniversary, then you may deduct the interest rom the nextmonths rent. Once you terminate your tenancy, any interestowed to you must be paid within 30 days o termination.

Statement of Condition: I a landlord or agent takes

a security deposit, s/he must give you a signed, separatestatement o the present condition o your apartment including acomprehensive list o any existing damage. The landlord/agentmust provide you with this statement upon receipt o the depositor within 10 days ater the tenancy begins, whichever is later. I

you do not agree with the contents o the statement, you mustreturn a corrected copy to the landlord within 15 days ater youreceive the list or 15 days ater you move in, whichever is later.I you ail to return the list and later sue to recover your securitydeposit, a court may view your ailure to do so as your agreement

that the list is complete and correct. I you submit a separate listo damages, the landlord must return it within 15 days o receiptwith a clear written response o agreement or disagreement.


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The signed statement and the original condition statement arethe basis upon which uture deductions or damage will be made.

I the landlord does not send you a Statement o Condition, youshould write your own and send a copy to the landlord or agentand keep a copy or your records.

Damage Deduction for Security Deposits: The

landlord must return your security deposit or balance within 30days ater the termination o tenancy. The landlord can onlydeduct or the ollowing:

Any unpaid rent which has not been withheld validly or

deducted in accordance with the law; Any unpaid increase in real estate taxes i you were obligated

to pay it under a valid tax escalator clause in your lease;

A reasonable amount necessary to repair any damage caused

by you, any person under your control, or any person on thepremises with your consent. Pet damage can also be deducted.You do not have to pay or reasonable wear and tear associatedwith normal use.

I the premises are damaged, the landlord must provide you witha detailed list o damages and their necessary repairs within 30days ater the tenancy ends. The landlord or agent must swearto this list under the pains and penalties o perjury. In addition,the landlord or agent must provide you with written evidence

indicating the actual or estimated cost o these repairs, such asestimates, bills, invoices, or receipts.

Transfers of Pre-payments to New Landlords: Uponsale or transer o the building, the landlord must credit the last

months rent and security deposit with any accrued interest to thenew landlord. The new landlord must give written notice o thetranser within 45 days o receiving your money. I the ormerlandlord ails to transer the pre-payments to the new landlord,s/he is still liable, but the new landlord shall also be obligated

to you or the amount o the pre-payments. The new landlordcan satisy this obligation by granting you ree rent or a timeequivalent to the payments made.


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You are entitled to the immediate return o your securitydeposit plus accrued interest i the landlord . . .

Fails to make the security deposit records available or inspec-tion during oce hours; or

Fails to deposit the security deposit into a separate, interest-

bearing account in a Massachusetts bank; or Fails to provide you, within 30 days o receipt o the security

deposit, a receipt with the name and location o the bank andthe amount and account number o the deposit.

The landlord cannot keep any portion of yoursecurity deposit for any reason, including makingdeductions for damages, or counterclaim for anydamage to the premises in a court action by you torecover a security deposit if the landlord . . .

Uses a lease which contains provisions conficting with theSecurity Deposit Law and attempts to enorce these provisionsor attempts to get you to sign a waiver o rights; or

Fails to deposit the security deposit into a separate, interest-bearing account in a Massachusetts bank; or

Fails to transer the security deposit or last months rent to thenew landlord ater the sale o the rental property; or

Makes deductions or damages and ails to urnish you withan itemized list o damages within 30 days ater terminationo tenancy.

You may be entitled to three times the amount of

the security deposit or the remaining balance towhich you are entitled after lawful deductions withinterest, plus court costs and reasonable attorneysfees if the landlord . . .

Fails to deposit the security deposit into a separate, interest-bearing account in a Massachusetts bank; or


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Fails to transer the security deposit or last months rent to thenew landlord ater the sale o the rental property; or

Fails to return the security deposit (or balance ater lawuldeductions) with interest within 30 days ater termination otenancy.

If the landlord fails to pay you any interest towhich you are lawfully entitled (including intereston the security deposit and interest on the lastmonths rent) within 30 days after termination ofthe tenancy, you may be entitled to three times the

interest, plus court costs, and reasonable attorneysfees.

Tenants rights.

Rights Against Unlawful EntryYour landlord, or an agent or your landlord, may only enter yourapartment or the ollowing reasons:

To inspect the premises;

To make repairs;

To show the apartment to a prospective tenant, purchaser,mortgagee or its agents;

In accordance with a court order;

I the premises appear to be abandoned; or

To inspect the premises within the last 30 days o tenancy inorder to determine the amount o damage to be deducted romthe security deposit.

The landlord should be reasonable and attempt to arrange amutually convenient time to visit the apartment. I the landlordinsists on entering your apartment in an unreasonable ashion,

you may le or a temporary restraining order at your local districtcourt (M.G.L. c. 186, 14 and 15B).


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Rights Against RetaliationAlthough the landlord o a Tenant at Will or under lease can

terminate the tenancy or raise the rent without reason, s/hecannot do so in response to your exercising your legal rights.I the landlord tries to raise the rent, terminate or otherwisechange your tenancy within six months o when you contact theBoard o Health, join a tenants organization, or exercise other

legal rights, the landlords action will be considered retaliationagainst you, unless the landlord can prove otherwise. Thelandlord will have the burden to prove that your tenancy waschanged or reasons other than your having exercised yourrights (M.G.L. c. 186, 18).

Habitability RightsYou are entitled to a sae and habitable living environmentthroughout your entire tenancy. The State Sanitary Codeprotects the health, saety and well-being o tenants and the

general public (105 CMR 410). The local Boards o Healthenorce the Code. (Note: In Boston, it is the Housing InspectionDepartment.) Copies o the Code may be purchased rom theState House Bookstore, State House, Room 116, Boston, MA02133, (617) 727-2834.

The following is a sampling of provisions outlined in theCode: Water: The landlord must provide you with enoughwater, with adequate pressure, to meet your ordinary needs.Under certain limited circumstances, you can be charged or

water costs so long as it is clearly noted in your written rentalagreement and there is a separate meter or your unit. Thelandlord must also provide the acilities to heat the water at atemperature between 110 F and 130 F, however your writtentenancy agreement or lease may require you to pay or and

provide the uel to heat the water.

Heat: The landlord must provide a heating system in goodworking order. The landlord must pay or the heat, unlessyour lease requires you to pay or it. From September 16 to

June 14, every room must be heated to at least 68 F between7:00 AM and 11 PM, and at least 64 F at all other hours.During the heating season, the maximum heat allowable in theapartment is 78 F.


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Kitchens: The landlord must provide within the kitchen:a sink o sucient size and capacity or washing dishes and

kitchen utensils, a stove and oven in good repair (unless yourwritten lease requires you to provide your own), and spaceand proper acilities or the installation o a rerigerator.The landlord does not have to provide a rerigerator. I arerigerator is provided, however, the landlord must keep it in

working order.

Cockroaches and Rodents: The landlord must maintainthe unit ree rom rodents, cockroaches, and insect inestation,i there are two or more apartments in the building.

Structural Elements: Every landlord must maintainthe oundation, foors, walls, doors, windows, ceilings, roo,staircases, porches, chimneys, and other structural elementso the dwelling so that it excludes wind, rain, and snow; is

rodent-proo, weathertight, watertight, and ree rom chronicdampness; in good repair, and in every way t or its intendeduse.

Snow Removal: Every exit used or intended or use byoccupants o more than one dwelling unit or rooming unit shallbe maintained ree rom obstruction.

Tenants remedies.

Rent WithholdingThe Massachusetts Supreme Judicial Court ruled that when alandlord ails to maintain a dwelling in habitable condition,a tenant may properly withhold a portion o the rent rom thedate the landlord has notice o this breach o warrant o habit-

ability. Rent withholding can be a useul tool to orce repairs,but it is a serious step and should be dealt with careully. Youmay want to get legal advice beore withholding your rent sincethe landlord may try to evict you or non-payment o rent.

You may withhold a portion of your rent if: You have appealed to your landlord in writing to make the

necessary repairs or


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Your local Board o Health has inspected your apartment andound health code violations and notied your landlord or

You are current in your rent up until the time your landlordlearns o the problem, you are not the cause o the problem,and the unsanitary conditions do not require the apartment tobe vacated to make repairs.

Deciding how much to withhold is based on each situation. Youneed only pay the air rent or your unit given its deective condi-tion. Once the landlord has repaired all defects, thetenant must pay all withheld rent (M.G.L. c. 239, 8A).

Repair and DeductYou may make emergency repairs in an apartment or commonliving area and deduct up to our months uture rent to pay orthem, i three conditions are met:

The local Board o Health or other code enorcement agencyhas certied that the present conditions endanger your healthor saety; and

The landlord receives written notice o the existing violationsrom the inspecting agency; and

The landlord is given ve days rom the date o notice tobegin repairs or to contract or outside services and 14 days tosubstantially complete all necessary repairs. (The inspecting

agency or court may shorten this time rame.)

Remember: I you contract to make repairs and then deduct thecost rom the rent, you must retain a receipt. Further, i the costsare deemed to be unreasonable, you will only be able to deduct

that portion which is reasonable.

I you qualiy under the requirements o repair and deduct, you maytreat your lease as void. You then have the right to move out i youchoose not to make repairs. However, you must pay the air rental

value or the period you occupied the apartment, and you must vacatewithin a reasonable period o time (M.G.L. c. 111, 127L).


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Shutoff RightsThe landlord cannot cause the removal or shuto o the utilities

except or a temporary period during repair or emergencies.In cases when a landlords account is about to be shut o ornon-payment, the utility company must notiy you 30 days beorethe scheduled termination. You also may be asked to pay part othe overdue bill to the utility, and deduct that payment rom your

rent. Contact the Department o Public Utilities at 1-800-392-6066 or more inormation (M.G.L. c. 164, 124A-I).

Eviction.

A landlord cannot lock you out or throw you out o your apartmentwithout a judges order. I you are being evicted, Massachusetts lawprovides you with some protections. You may wish to consult withan attorney.

Terminating and Reviving your TenancyTenants with a Lease: Your landlord may attempt to evict you iyou have not been paying your rent, or i you or people under yourcontrol have caused excessive damage to your apartment or youhave violated the terms o your lease. Your landlord must rst sendyou a Notice to Quit your tenancy. I the landlord is terminatingyour tenancy or non-payment o rent, s/he must send you a 14-Day Notice to Quit (M.G.L.c.186, 11 and 12). Your lease willspeciy the notice requirement or other terminations; it is typically

seven days.I you are being evicted or non-payment o rent, you may avoid theeviction i you pay all rent owed, plus interest, and the landlordscost o ling an eviction case on or beore the date your Answer isdue.

Tenants at Will: Your landlord must send you a 14-Day Notice toQuit i terminating your tenancy or non-payment o rent (M.G.L. c.186, 12). I it is being terminated or any other reason, you mustbe given written notice 30 days, or one ull rental period in advance,

whichever is longer.

I you are being evicted or non-payment o rent, you may avoid


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the eviction by paying the rent due within 10 days o receiving thisnotice, as long as this is the rst notice you have received within the

last 12 months. I there is no statement o your right to revive thetenancy in the Notice, you have until the date your Answer is due.

Landlords o tenants with rent subsidies must ollow the evictionprocedures in their rent subsidy contract and lease agreement.

Summary Process and ComplaintAter the notice period passed, the landlord must deliver to you aSummary Process and Complaint. This ocially inorms you thatthe landlord is taking legal action against you. It will state the date

o the eviction hearing and the date on which the Answer must beled.

Answer

The Answer is a written response rom you stating why you shouldnot be evicted. It also gives you the chance to make counterclaimsagainst your landlord, which may include health Sanitary Codeviolations, retaliation, harassment, security deposit violations, orimproper eviction procedure. The Answer must be received by the

court and the landlord the Monday beore your court date. Keep acopy or yoursel.

Judgment and AppealI you lose the case, you may appeal the decision and request a

new hearing. I you appeal, you must le a Notice to Appeal within10 days ater the date the judgment is entered. An appeal bond isusually required, but may be waived i you cannot aord it; and youhave a non-rivolous deense.

ExecutionThe execution is the judges eviction order; the landlord cannotphysically evict you without this paper. I a physical eviction isallowed, the court will give the landlord the execution 10 days ater

the judgment is entered. You must receive written notice o the dateand time the physical eviction will take place at least 48 hours inadvance. On the date set in the 48-hour notice, you must leaveapartment.


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The landlord may use the execution anytime within a three-monthperiod. However, i you were evicted or non-payment o rent,

and the landlord accepts payment o the entire amount won in thesummary process action and your current rent, then the landlordcannot use the execution at any point and must return it to the court(M.G.L. c. 239, 3).

The Stay of ExecutionI the eviction was not your ault or you cannot in good aith nd aplace to live, you may be able to convince a judge to grant you aStay o Execution, allowing you to stay in your apartment or up to

six months. Elderly or disabled tenants can request a stay o up toone year.

I you are being evicted or non-payment o rent, you do not haveany legal basis to request a stay. However, i your damages (whichmay arise rom counterclaims led against the landlord) are lessthan the amount owed to the landlord (e.g. back rent), you haveseven days to avoid eviction by paying the balance, with interest,and court costs (M.G.L. c. 239, 8A).

EvictionWhen the date written on the execution order arrives, you mustmove out. I you do not, a sheri or constable may remove yourbelongings and place them in storage, unless you give permissionto have them put on the street. I your belongings are put in

storage, the mover should make a descriptive list o all storeditems. Your ormer landlord has the right to sue to recover theseeviction costs. The storage company will have a lien on yourbelongings, which can be enorced by selling your goods. Thestorage company, however, cannot sell your belongings without

waiting six months. You are not required to pay back rent to getyour urniture out o storage. But, you still owe the amount thecourt nds due, until you pay it or 20 years hence(M.G.L. c. 239, 4).


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Moving out.

Beore you move out, you should consider scheduling an ap-pointment with the landlord or an inspection o your apartment.This may help prevent uture disputes with your landlord aboutapartment damage. Review the Statement o Condition orm iyou gave the landlord a security deposit. On the day you leave,

be sure to clean the apartment. You also may want to take anddate pictures o the condition o the apartment at the momentyou move out. These photographs may help resolve securitydeposit disputes. I you paid the landlord a security deposit orlast months rent, leave the landlord your orwarding address so

s/he can mail you any interest you are owed.

Documents.

Keep good records o rent payments, complaints, contacts with

your landlord, attempts at repair, correspondence, and otherimportant events and documents relating to your tenancy. Thesewill help you resolve disputes in court and out.


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Sources of help.

Housing Discrimination:Massachusetts Commission Against Discrimination(617) 994-6000

Licensing of Real Estate Brokers/Salespersons:Division o RegistrationInormation: Real Estate Board (617) 727-2373Complaints: Oce o Investigations (617) 727-7406

Lead Paint Removal:Department o Public HealthChildhood Lead Poisoning Prevention Program(617) 624-5757; Toll Free: (800) 532-9571

Face-to-Face Mediation:For the program in your area call:Attorney Generals Consumer Hotline617-727-8400; www.mass.gov/ago

Housing Consumer Education Center:(800) 224-5124www.masshousingino.org

To Obtain Legal Assistance:Massachusetts Bar Association Lawyer Reerral Program(617) 654-0400; Toll Free in MA: (800) 392-6164


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ConsumerAffairs&BusinessRegulation

other resources

Consumer Guides

30-Day Demand LetterDo Not Call Registry

Interest-Only Mortgages and Option ARMs:

Are they right or you?

Home ImprovementLandlord Rights and Responsibilities

Lemon Aid Law

Managing Credit and Debt

New & Leased Car Lemon Law

Shopping Rights

Small Claims Court

Used Vehicle Warranty Law

Consumer Fact Sheets

The Mechanics o Auto Repair

Making Health Clubs Work Out or You

Online Auctions: Bidder Beware

Consumer Hotline

(617) 973-8787

Toll Free (888) 283-3757

Online Resource Center

www.mass.gov/consumer

email

[email protected]

This publication provides general inormation aboutMassachusetts consumer issues and procedures. It is notdesigned to address all questions in detail and consumersare encouraged to seek urther guidance by contacting theagency directly.E Printed on recycled paperLast updated: May 2007

Massachusetts OfceO Consumer Aairs

& BusinessRegulation10 Park PlazaSuite 5170Boston, MA 02116Administration:

(617) 973-8700Consumer:(617) 973-8787TTY/TDD:(617) 973-8790

Deval L. PatrickGovernor

Timothy P. MurrayLt. Governor

Daniel OConnellSecretary o Housing &Economic Development

Daniel C. CraneDirector


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