A Guide to Boston Regulations for Renters
Whether your landlord is a sweet old man or a belligerent curmudgeon, you should be mindful of your rights, and take action when things go wrong.
The renter-landlord relationship spans from friendly, to passive aggressive, to downright hostile. Whether your landlord is a sweet old man or a belligerent curmudgeon, you should be mindful of your rights, and know what recourse to take when things go wrong.
This article was informed by the Massachusetts Office of Consumer Affairs and Business Regulation. Information and advice is not intended to constitute legal advice nor should it be used as such.
Up Front Payment
Your landlord may require first and last months’ rent, as well as a security deposit and the cost of a lock and key. He or she cannot, however, ask you to pay other month’s rent up front. Even offering a reduction of rent (10% off if you pay early!) is illegal.
Speaking of Security Deposits…
According to Security Deposit Law, any deposit collected by the lessor (i.e. your landlord) gets held in a separate account to accrue interest. The landlord should give a receipt to the tenant that indicates the name and location of the bank at which their deposit is being held. If your landlord doesn’t give you a receipt within 30 days, you are entitled to the immediate return of the deposit.
Once your lease is up, the landlord must return the deposit within 30 days, and can only deduct from the deposit if you have outstanding payments or if a reasonable amount is necessary to repair damage you caused.
If your landlord doesn’t refund your deposit on time, you should speak with an attorney. You may be eligible to receive damages as much as three times the amount of the security deposit, in addition to coverage for the cost of court and legal fees.
Payment of Interest
In addition to interest from the security deposit, you are also entitled to interest from your last month’s rent. If not held in a bank, the landlord owes five percent interest per year.
Rent Increases
Landlords are free to charge what they see fit, but most rents can only be increased when your lease term expires. Tenants at Will (those paying on a monthly or non-binding basis) face the possibility of increases at any time, so long as they are notified at least one rental period in advance.
Late Payment Penalty
If your check gets lost in the mail, or you send it a bit late, you’re probably in the clear. A landlord cannot charge interest until 30 days after the due date, so unless you fail to pay rent at all that month, you may not see any ramifications. By law, landlord can begin the eviction process immediately, but that’s probably a last resort for most landlords. Ultimately it’s best to set a reminder and pay on time!
Your Right to a Habitable Apartment
Your lease is a legally binding document. If you landlord violates its terms, by failing to handle anything from a broken appliance to a serious safety concern, you have a few options.
Withholding rent is a viable course of action when the landlord has violated the warrant of habitability. The tenant refuses to pay a portion of rent until the lease-stipulated demand is met. Though useful, the landlord may move to evict because of non-payment so be sure your understanding of the process is solid before beginning.
Bear in mind, it’s one thing to be dissatisfied with your apartment’s paint job. It’s entirely another to inhabit an unsafe apartment.
If your landlord isn’t responsive and conditions are dire, you have the right to make emergency repairs and deduct future rent as compensation. To qualify, three conditions must be met. First, a code enforcement agency (i.e. Board of Health) must certify that the conditions are unhealthy or unsafe. Next, the lessor receives a written notice of the conditions and has five days to begin repairs. Thirdly, a court or agency-imposed timeline dictates the time by which changes must be made, but 14 days is the typical window.
If a landlord fails to act, you may contract repairs and deduct future rent (make sure you keep a receipt!) or treat your lease as void.
Retaliation
Fear of retaliation sometimes makes renters meek in voicing complaints, but Massachusetts law protects tenants from this abuse of power.
If you contact the Board of Health and the landlord tries to terminate your tenancy within six months, it may be retaliation. If you join a tenant’s organization and he or she tries to raise your rent, it may be retaliation. The burden of proof then falls on the landlord to prove that your tenancy was changed for other reasons.
Eviction
A landlord cannot turn you out on the streets without a judge’s order. If you get evicted, you can appeal to a judge for a stay of execution. This means that if you are not at fault or you cannot, in good faith, find a place to live, you may be able to stay in the apartment for up to six months.
Eviction for nonpayment is not grounds for a stay of execution, however. In either case, legal counsel may be advisable.
Takeaway Tips
-Before signing a lease, get all provisions in writing. This list provides information for common problems, but many are situation-specific and depend upon agreements made in the lease.
-When you occupy and vacate an apartment, take photos to avoid false claims of damage.
-When in doubt, consult with a lawyer or other expert in real estate rentals.
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