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If you’ve ever rented a home or apartment, you are probably familiar with the woes of a difficult landlord or tenant. Before beginning the search for a new apartment or renters, make sure you understand Massachusetts landlord and tenant law to ensure a favorable outcome.
Tenancy and Rental Agreements
The terms of tenancy partly determines the rights and responsibilities of both the landlord and tenant(s). There are two main types of tenancy:
- Tenancy based on a lease – A lease is a written agreement that the tenancy will last for a certain amount of time, usually one year. During the time covered by the lease, monthly rent must stay the same and the landlord cannot end the tenancy early.
- Tenancy-at-will – This is anagreement that lasts as long as both parties agree to it. Sometimes there is no written agreement, but 30 days written notice, or one full rental period, must be provided prior to moving out.
According to Massachusetts state law, a landlord must include the following in a rental agreement:
- The names, addresses, and telephone numbers of the owners and persons who are responsible for the care, maintenance, and repair of the property;
- The name, address, and telephone number of the person authorized to receive notices of violations of law and to accept notice of a lawsuit on behalf of the owner; and,
- The amount of the security deposit and disclosure of the rights under the Security Deposit Law.
Tenant Rights and Responsibilities
Before agreeing to a tenancy or signing a lease, a tenant should know their rights and responsibilities:
- Do not put any money down until you are absolutely certain you want the apartment.
- When determining which apartments you can afford, be sure to calculate the anticipated costs of utilities.
- Know what is expected of you in terms of pre-payments or a finder’s fee.
- Check the apartment for repairs and ensure that it is in acceptable condition.
- Talk with neighbors about the competency and reputation of the landlord and/or management company.
Additional Resources
- Contact the Massachusetts Commission Against Discrimination (MCAD) if you have been the victim of housing discrimination.
- Massachusetts Housing Consumer Education Centers offer answers to a wide range of questions regarding housing problems that tenants and landlords may face.
- For legal assistance, contact the Massachusetts Legal Referral Program.
Finding the right apartment or tenant in Massachusetts is not always easy. Take the time to understand your rights as a tenant or landlord to ensure a stable business or living situation!
What are your tips while apartment or house hunting? Share them in the comments below, or tweet us @MassGov.
Tags: apartment, apartments, Boston, condo, house, housing, Landlord, landlord law, leasing, Massachusetts, Rent, rental agreements, renting, snow removal landlord, tenancy, tenant and landlord law, tenant law, tenant rights, townhouse
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Does anyone know what year this law went into effect, or if not the exact year, can someone tell me if it was in effect in 1998? I have been a tenant at will since that time, and plan on moving out 1/1/16. My landlord has done none of the things outlined in this law, and I want to be prepared to confront him on it when I give him my 30 day notice.
Thanks, Barb
Hi Barb,
You can reach out to the Public Inquiry & Assistance Center Hotline at 617-727-8400 for help in this matter. With some more background, a representative there should be able to advise you on how to move forward.
Best,
The MassGov Staff
Does anyone know if we have to rent to the first person that applies and gets good references and passes a backround check. This is a non-occupied by owner single family home. Thanks
Hi,
You can reach out to the Public Inquiry & Assistance Center Hotline at 617-727-8400 for help in this matter. A representative there should be able to advise you.
Best,
The MassGov Staff
Our tenant left the property with damages beyond normal wear and tear. How long must I wait before I can collect security deposit?
Thank you.
Hello,
Please contact the Attorney General's Consumer Advocacy and Response Division at (617) 727-8400 for assistance.
Hope this helps!
Best,
The MassGov Staff
My landlord died..the bank just bought the place..my questions are I have raw sewage leaking in pipes in the basement will they pay me to move and I was paying condo fees and water bill should I get that money back? I live in mass and very confused .
Hello,
A specialist at the Consumer Advocacy and Response Division of the Attorney General's Office should be able to assist you. You can call (617) 727-8400 to speak with someone.
You can also read our updated blog post on landlord and tenant rights for additional information.
Hope this helps!
Best,
The MassGov Staff
I believe a landlord took my money for a background check and never got one ,what are some options for proof of this so I can see if he did get one ?