Regardless of the type of rental, the tenant has the right to occupy the apartment and the owner can only enter in certain circumstances. The landlord must agree with the tenant in advance to enter the apartment to make repairs, check the condition of the apartment or show the apartment to potential tenants, buyers or real estate agents. However, the landlord may enter an apartment without the tenant`s consent if there is a mechanical emergency/repair that may damage the entire building, or if it appears that the tenant has left the apartment. The owner must be reasonable and try to agree on a mutually favorable time to visit the apartment. If the landlord insists on entering your apartment inappropriately, you can apply for an injunction in your local district court. The Massachusetts Attorney General`s Office points out that the state`s Health Code “governs what it means to create a habitable place to live.” If a tenant complains to the landlord about the hygienic condition and the landlord does not respond, the tenant has the right to ask a law enforcement officer or local health inspector to inspect the apartment. If, after the inspector`s advice, the landlord still does not make repairs or otherwise repair the unsanitary condition, the tenant may move, even if a rental agreement is in effect. It is recommended that a tenant first consult a lawyer or someone familiar with legal services before taking legal action. Storage of tenant`s property When a tenant is evicted, all property left on the premises is stored. The tenant may indicate in writing a preferred storage facility before removing the property.
The official who removes the property must draw up a written inventory of the property. The landlord pays for the property to be stored, but is entitled to a market-dictated refund from the tenant. In Gowen, Justice Salinger left open the possibility that institutions could pay community fees for “services beyond the scope of a typical residential tenancy.” without infringing Article 15B.` However, in Hennessy, the applicant argued that the institution had used, at least in part, the Community fee to prepare her accommodation for occupation. You can also make emergency repairs in a shared apartment or living room and deduct up to four months` rent to pay them if three conditions are met: When the rental ends, the landlord must return the deposit plus interest within 30 days. However, the landlord can keep any unpaid rent or the amount of money needed to repair the damage to the apartment (beyond normal wear and tear). If the lease so provides, the landlord can also deduct the tenant`s share of an increase in the landlord`s property taxes. Landlords and tenants should consider their rights and obligations when drafting or signing a lease, as well as laws, regulations and issues related to renting and renting an apartment. Whether it is a lease or an all-you-can-eat rental, the tenant must pay rent, follow the rules agreed with the landlord and take responsibility for damage to the apartment that is more than “normal wear and tear”.
The landlord must provide a safe, clean, massachusetts health code-compliant apartment, and must honor all promises in the lease or lease. A landlord or a representative of the landlord can enter an apartment for a number of reasons under state law: to show the place to a potential tenant; to carry out repairs; to inspect it; for the enforcement of a court order; and much more. Landlords are expected to be appropriate in all of these cases. This includes being informed in advance if possible. Landlords or their agents are required to provide their tenants with a copy of the Massachusetts Lead Act Notification Form, which explains the dangers of lead paint and the requirement to use lead paint in apartments where children under the age of 6 wish to live. Form 18 Request for Lockout (June 2017) Use this form if you have been illegally locked out of your home or if your landlord has illegally closed your utilities. Massachusetts law requires deposits to be returned to tenants within 30 days of terminating a lease. This also includes interest on the deposit.
Owners should also give a detailed overview of what they spent the deposit on, if they spent it at all. When tenants return an apartment in good condition, there are usually no expenses from the landlord. Form 15 Injunction (ORR) (June 2017) You can use this form to ask a court to order your landlord to resolve a problem, such as . B to make an emergency repair or stop doing something illegal, such as locking yourself out of your apartment. Or try the MassAccess Temporary RestRaining Order Complaint interactive interview, which allows you to complete, review, sign, and send your injunction application to the court from your smartphone or computer. Only a licensed real estate agent or seller can charge you a fee to find an apartment. The amount, due date and purpose of the fee must be communicated to you before each transaction. There is no fixed amount of fees as this is a contractual agreement between you and the broker or licensed seller. The Massachusetts Fair Housing Act prohibits discrimination in the home based on race, religion, national origin, age, ancestry, military or service history, sex, sexual preference, marital status, disability, or the need for a guide dog, with the exception of two owner-occupied family homes. A landlord also can`t refuse you to rent an apartment because you get a rent subsidy because the apartment contains lead or, with a few exceptions, because you have children.
The landlord must give the tenant a “condition statement” within 10 days of the start of the tenancy or after receipt of the deposit (whichever is later) describing the condition of the apartment and any damage that exists at that time. The tenant has 15 days to complete the “condition statement” or to make changes to it. Both parties must retain copies of the final “condition statement”. Your landlord or your landlord`s broker can only enter your apartment for the following reasons: You can move earlier if you are eligible for the emergency repairs and deductions mentioned above. However, there are reservations: tenants are still responsible for the fair rental value for the time they lived in the apartment; and your early exit must take place within a reasonable time – no persistence. If a landlord does not respond to a tenant`s complaints about a violation of the health order, the tenant may require a law enforcement officer or the local health authority to inspect the apartment. An inspector can then come to the apartment, check the conditions and ask the owner to solve the problem if necessary. In the event that the landlord still does not resolve the issue, a tenant may be able to withhold or move some of the rent, even if a lease or lease exists. However, before withholding rent or moving, tenants considering these options should contact a private lawyer or legal department for more information and advice. The deposit for an apartment cannot increase during a lease; and it may not be less than or equal to the first month`s rent under the lease.
So, if your landlord increases the rent at the end of a lease, they will usually ask for the difference between the last deposit (under the old conditions) and the new one (which is calculated under the amount of the first month`s rent under the new lease). If you are eligible for the “Repair and Trigger” requirements, you may consider your lease invalid. You then have the right to move if you decide not to make repairs. However, you must pay the fair rental value for the period during which you occupied the apartment and you must leave within a reasonable time. Houses should also be free of rodents and cockroaches if there are two or more apartments in a building. Owners are also responsible for snow removal in apartment buildings. In this part of the website, we discuss Massachusetts` current tenant laws and regulations as they exist today. (For legislative proposals, see our Housing Policy page.) This is a guide for DIY owners.
Remember to read the laws carefully to avoid litigation, fines, and violations. While not required by law or regulation, it is important for a landlord and tenant to know that they can negotiate the terms of a lease between them. In general, the landlord should not rush a tenant to make a decision, and both parties should be clear about the terms before signing the lease. .
