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Here are some tips and information, which address some of the most frequently asked questions regarding renters' and landlords' rights:
Useful Resources
The Massachusetts Bar Association's Consumer Advocacy Task Force recommends that consumers visit the following websites containing supplemental information concerning renters' and landlords' rights:
Helpful Tips
What can a landlord
collect before a tenant moves in?
First, before moving into a rental property, a landlord only can
collect the first and last month's rent, one month's security
deposit and costs associated with locks and keys. Make sure to pay
close attention to your lease to see if there are any other
pre-rental charges, such as cleaning or painting charges, which
could violate state laws concerning the pre-rental payments that
landlords can collect.
When must a landlord
return all or part of the security deposit?
A landlord is obligated to account for the security deposit within
30 days after a renter terminates occupancy under a tenancy-at-will
agreement or the tenancy as specified in a rental agreement. If the
landlord claims that the tenant has damaged the rented property,
then landlord must produce an itemized list of damage and written
evidence indicating the actual or estimated cost of repairs to
correct the damage. The deposit or the balance after the deduction
for damages, must be paid to the tenant within the 30-day period.
If the landlord fails to provide such a list of damages and
estimated costs or to return the tenant's security deposit within
30 days, the tenant is entitled to treble (triple) damages and
attorney's fees (if the tenant has to institute a legal action to
enforce the tenant's rights).
How much can a
landlord charge as a security deposit?
A landlord cannot charge more than one month's rent as a security
deposit. The landlord must provide a written receipt for the
security deposit to the tenant within 30 days, hold the security
deposit in a separate interest-bearing account and provide the
tenant with the bank name and account number.
Should I inspect the
property before I move in?
Before you move into your home, jointly inspect the property with
your landlord to identify whether there are any pre-existing
damages or other issues with the rental unit. This will
protect both you and your landlord, and also likely satisfy certain
conditions concerning security deposits and damage notifications
that you both must follow. As a rule of thumb, it is better
to over-document any damages or issues that you come across during
the joint inspection.
Are there minimum
living standards the property must meet?
Your landlord is required to make sure your home meets certain
minimum habitability conditions. What does this mean?
Among other things, it means that your heat should reach certain
temperature levels, your water pressure should be sufficient for
home usage, and your home should be free of structural defects and
should be reasonably clean. For example, your landlord should
ensure that your rental home is free from rodents or other
infestations. Additionally, your landlord is required to
furnish minimum appliances, including a stove and sink, and
sufficient space for a refrigerator. Make sure you understand
these required, minimum living conditions before signing any
lease.
Can a landlord enter
my apartment without notifying me when I am not
home?
Under Massachusetts law, the only instances when a landlord may
enter into a rented residential property are as follows:
With the exceptions of items five and six above, it's important
that you be given reasonable notice and a mutually arranged time
for the landlord to enter. A landlord could have breached the
tenant's rights if the other entries are made without notice, at
inconvenient or unreasonable times or jeopardize the tenant's
safety.
Can a landlord just
throw me out on the street for no reason?
Your landlord cannot simply throw you and/or your belongings out
on the street. Even if the landlord potentially has grounds
to evict you, any evictions must go through a notice period and
summary process in the housing court system. A landlord, on
his or her own (without the Court's permission), cannot
unilaterally remove you from your apartment.
Can I stop an
eviction notice once I have been served?
That depends on the reason for the eviction.
If the eviction is for nonpayment of rent and you have a lease,
you may stop the eviction by paying the full amount owed. If you
have already received a summons and complaint, you must pay the
rent owed, any accrued interest and your landlord's court costs by
the answer date in order to stop the eviction.
If the eviction is for nonpayment of rent and you do not have a
lease, you may stop the eviction by paying the full amount owed
within 10 days of receiving the eviction notice. You do not have a
right to stop the eviction, however, if you received a previous
eviction notice for not paying rent within the past 12
months.
You can also defend against or postpone the eviction by filing in
court your defense or counterclaim, which could include violation
of the sanitary code, breach of the rental agreement, unlawful
discrimination, eviction is based on your status as a victim of
domestic violence, among other reasons. Under certain circumstances
you may also ask the court to postpone the eviction for up to six
months; or 12 months if a resident of the premises is disabled.
What can I do if I
disagree with the security deposit amount that was kept or
refunded?
You may send your landlord a security deposit demand letter that
explains why you believe you are entitled to the return of any
additional amount of your security deposit. You should mail this
letter by both certified and first class mail. Your landlord must
respond within 30 days with a reasonable offer of settlement. If
you don't believe the offer is reasonable, or if the landlord does
not respond, you may bring a court action. If the court determines
that the landlord withheld more of the security deposit than he or
she was entitled to, or that the landlord did not respond to your
demand letter with a reasonable offer of settlement, you may be
entitled to treble (triple) damages, costs and reasonable
attorney's fees.
Can I withhold
rent?
If your landlord is not living up to the requirements mentioned
above, or not satisfying other conditions as required by law, you
might be entitled to withhold some of your rental payments. There
are, however, very specific state laws concerning the handling of
withheld rental payments including written notices that you must
provide to your landlord and what situations actually permit you to
withhold rental payments from your landlord.
*These answers do not constitute legal advice and are written
for general information purposes only. Individuals should consult
with a lawyer for specific legal advice.
If you are a tenant or landlord and have any questions concerning these topics or other consumer protection issues, we highly suggest that you contact the Massachusetts Bar Association's Lawyer Referral Service by filling-out an online request form or by calling (617) 654-0400. Thank you.