Laws on Renting Houses in Massachusetts
In Massachusetts, the state's code, known as the "General Laws," establishes the duties and responsibilities between landlords and their tenants. Landlords can enter into written or oral leases with their tenants, and oral leases form tenancies-at-will. A tenant-at will or her landlord can terminate the lease with at least 30 days' notice before the next rent payment is due. Regardless of whether a landlord enters into an oral or written lease, he must comply with local codes, provide habitable housing and provide nondiscriminatory housing.
Fees
The Massachusetts General Laws prohibit landlords from charging their tenants late fees without giving them a 30-day grace period to pay rent. A landlord can collect security deposits from her tenants but must include written information in her lease of the amount and provide tenants with notification of their rights to refund. Massachusetts law also allows a landlord to insert a provision in her lease agreement requiring her tenants to pay a share of the property taxes.
Security Deposits
Landlords cannot require tenants to pay an upfront security deposit exceeding one month of rent. They must deposit their tenants' security deposits into state banks that earn interest within one month of collecting them. Landlords have a legal duty to pay their tenants earned interest each year or allow them to reduce their rent by the amount of the security deposit at the end of each year.
After collecting a security deposit from a tenant, Massachusetts law requires the landlord to provide a written "Statement of Condition" within 10 days. The written statement must describe the condition of the home, and tenants have 15 days to amend it. Landlords have an obligation to return a tenant's security deposit and any accrued interest within 30 days of vacancy. They may deduct fees for unpaid rent and damages beyond ordinary wear and tear if they provide a written itemization of those deductions and return any remaining fees within 30 days.
Massachusetts Sanitary Code
Massachusetts General Laws require landlords to maintain their homes in habitable conditions. Tenants have a right to request code enforcement from city or county officials to inspect their homes if their landlords failed to respond to their complaints. If a tenant's complaint remains unanswered, the tenant can seek early termination of the lease and move out or request the landlord to reduce his rent.
Psychologically Impacted Properties
The Massachusetts General Laws allow landlords to refrain from disclosing information about previous tenants who resided in their rented homes. Landlords do not have an affirmative legal duty to disclose information to their prospective tenants about a previous murder, suicide, health or paranormal experience in their homes. However, tenants have a legal right to ask specific questions regarding previous tenants, and landlords have a legal obligation to answer them truthfully.
Considerations
Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.
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