By Terry Schnicker, Esq.
There are many tenants in Massachusetts, people who rent either an apartment or a house. There are also many landlords in Massachusetts, people who own either an apartment or house and rent it to other people. Whether you are a tenant or a landlord, before entering into a rental agreement, it is important to understand there are many laws and regulations that govern this relationship.
To help educate landlords and tenants, the Massachusetts Office of Consumer Affairs and Business Regulations has published “A Massachusetts Guide to Tenant Rights and Responsibilities,” and “A Massachusetts Guide to Landlord Rights and Responsibilities.” The purpose of these pamphlets is to provide general information only. Consumers are encouraged to contact the Office of Consumer Affairs & Business Regulations with any questions or concerns at (617) 973-8787, toll free at (888) 283-3757, or send an email to consumer@state.ma.us
Below are excerpts from these informative pamphlets.
Tenant:
- Finder’s Fee
Only a licensed real estate broker or salesperson can charge you a fee for the purpose of finding an apartment (M.G.L. c. 112, § 87DDD-1/2).
- Unlawful Discrimination
Massachusetts law prohibits discrimination in housing on the basis of race, religion, national origin, age, ancestry, military background or service, sex, sexual preference, marital status, blindness, deafness, or the need of a guide dog, except owner-occupied two family dwellings (M.G.L. c. 151B, § 4).
- Before Agreeing to a Tenancy (or Signing a Lease)
-Do not put money down unless you are sure you want the apartment. Although you may be legally entitled to the return of your money up until the landlord formally accepts you as a tenant, the money may be difficult to recover.
-Calculate the anticipated costs of utilities (i.e., heat, electricity) when determining which apartments you can afford.
-Know what is expected of you in terms of pre-payments or a finder’s fee.
-Check the apartment to ensure that it is in acceptable condition. Put all agreements for repairs in writing.
-Evaluate the proposed tenancy agreement and the response record of a non-resident superintendent to “after hours” emergencies.
-Talk with prospective neighbors about the competency and reputation of the landlord and/or management company.
Landlord:
- Screening Prospective Clients
A landlord should always screen a prospective tenant. The pamphlet states, “Because paying your mortgage is directly dependent upon your tenants paying you, you should always run a credit check and a check on the tenant’s prior rental history (2).”
- Obligation to De-lead the Apartment
Whenever a child under the age of six (6) resides in residential premises containing unlawful levels of lead, you are obligated to properly remove the offending substances (M.G.L. c. 111, § 199(a)).
- Pre-Rental Preparation of the Apartment
According to the pamphlet, “Before renting an apartment, you should inspect it completely after the current tenant vacates or near the end of the current tenant’s occupancy to assess any damage, to assure that it is in good repair when attempting to re-rent the apartment, and for the incoming tenant once it has been rented (3).”
Above are some examples of the information found in the pamphlets provided by the Massachusetts Office of Consumer Affairs and Business Regulations. If you are a tenant or landlord and are in need of legal advice or representation, call Progressive Law today for a consultation.
Massachusetts Office of Consumer Affairs and Business Regulations. A
Massachusetts Guide to Tenant Rights and Responsibilities. n.p.: n.p., 2007.
Print.
Massachusetts Office of Consumer Affairs and Business Regulations: A
Massachusetts Guide to Landlord Rights and Responsibilities. n.p.: n.p., 2007
Print.
