Landlord - tenant law

Lease and rental agreements outline the terms and conditions of an agreement to rent premises to a tenant.  Residential rental agreements come in many different varieties with duration varying from short term and month to month to yearlong arrangements.  These critical agreements not only cover things like the length of the rental term, rent payments and security deposit but also issues like smoking and pets. Commercial lease agreements are often tied to the specific commercial use of the property and offer much more flexibility for landlords.  Triple net leases can impose on the tenant the duty to shoulder a share of the real estate taxes and other operating expenses such as insurance, maintenance and utilities.  

A custom rental agreement is tailored to the specific needs of the landlord and tenant and is drafted with the particular property in mind.  An off-the-shelf rental agreement may not be suitable for all rental situations.  A custom rental agreement provides greater protection for both parties by ensuring that the important details of the rental arrangement are clearly defined and agreed upon.  The cost of a custom rental agreement is minor in relation to the costs that can be incurred by relying on a poorly drafted one.  

While Massachusetts landlords may require a new tenant to pay a security deposit, compliance with the security deposit law is rigorous.  Security deposits cannot exceed one month's rent and must be held in a separate, interest-bearing account in a Massachusetts bank and be properly documented.  A security deposit can provide a landlord with a layer of protection against potential damage to their rental unit.  However, mishandling a security deposit can result in an award of triple damages and attorney's fees to the tenant and possibly prevent the tenant from being evicted. Our attorneys evaluate the handling of security deposits from the outset of an eviction to avoid pitfalls and counsel landlords on how to properly handle them from the start of a tenancy. 

The amount of notice a landlord must give a tenant to move out in Massachusetts depends on the type of tenancy. For a tenancy at will, the landlord must give the tenant at least 30 days’ notice.  For a tenancy for a specified period, such as a one-year lease, the landlord does not need to give notice unless the lease specifies otherwise.  Keep in mind that if a tenant holds over after their tenancy has been terminated, a landlord will have other procedural due process obligations if an eviction is pursued. 

Massachusetts law requires landlords to maintain their rental properties in a habitable condition.  If a tenant reports a maintenance issue, the landlord must make a good faith effort to repair it within a reasonable amount of time. The amount of time considered reasonable depends on the nature of the issue and the severity of the problem.

The short answer is yes.  Massachusetts law allows residential landlords to charge late fees.  However, late fees cannot be charged to tenants until after rent is 30 days late.  And, reverse penalty clauses where a landlord agrees to reduce the rent if it is paid within a certain period, typically the first few days of the month, are illegal.

Currently a residential landlord may charge whatever rent the market will bear.  However, increases to existing rent will only be valid if the tenant is provided advance written notice of the increase and the tenant agrees to the rent increase.

Landlords are obligated to remove and/or mitigate lead paint hazards if a child under 6 occupies a rental unit having such hazards and cannot withhold housing from the tenant to avoid this obligation.  At the start of each tenancy, Landlords also must provide tenants with a copy of the Massachusetts Lead Law Notification form.  This form provides tenants with an explanation of the Lead Law and details the dangers of lead paint in housing to children under 6 years of age.

Lead paint removal and mitigation must be conducted in accordance with the law after inspection by a licensed lead inspector.