What types of residential tenancies are there in Massachusetts?

There are two types of tenancies – a tenancy for a fixed term (such as 1 year) and a tenancy at will (such as a month-to-month tenancy).

Is it necessary to have a written lease or rental agreement?

A tenancy for a fixed term must be evidenced by a written lease in order for it to be valid. A tenancy at will may be oral or written.

Rooming house tenants now often have written rental agreements. If the tenant has lived in the rooming house for 3 months or longer, they have all the rights of a tenant at will.

What about a signed move-in move-out inspection report?

The landlord is required by law to provide the tenant with a statement of the present condition of the premises at move-in. The tenant can then submit to the landlord a separate list of damages, which must be returned to the tenant within 15 days of the landlord receiving it, together with either the landlord’s signed agreement with the tenant’s list or a clear statement of any disagreement.

Can the landlord charge a deposit?

Under Massachusetts law, at the beginning of a tenancy the landlord can charge (i) the first month’s rent, (ii) the last month’s rent (calculated at the same rate as the first month), (iii) a security deposit equal to the first month’s rent, and (iv) the purchase and installation cost for a key and lock (NOT a key deposit, which is not allowed). The landlord must place the security deposit in an escrow account and provide the tenant with a receipt showing the details of the deposit and where it is being held.

The landlord must return the deposit within 30 days of the tenant moving out. The landlord may only make deductions for unpaid rent, taxes due under an escalator clause, and the cost of any damage done to the premises outside of normal wear and tear. If any deductions are made, the landlord must also provide an itemized list of damages, signed under penalty of perjury, and evidence of repair costs.

If the last month’s rent is paid in advance by a tenant, the landlord must pay 5% interest yearly, or notify the tenant that they may deduct the interest from the next rental payment. These funds do not have to be held in an escrow account, however, if they are put into an escrow account, the landlord may pay only the amount of interest actually received on the account, rather than 5%.

The security deposit and last month’s rent law does not apply to commercial rentals, or to rentals of vacation or recreational properties that are 100 days or less in duration.

When is the landlord allowed to increase the rent?

In a fixed term tenancy, the landlord cannot raise the rent during the term of the lease unless there are specific provisions in the lease for rent increases. There is no State law governing how much notice must be given by a landlord to raise the rent in a periodic tenancy (tenancy at will).

How can a lease be terminated?

A fixed term lease cannot be terminated until the end of the lease term, unless both parties otherwise agree. Some leases are self-extending, meaning that they automatically renew at the end of the term unless one of the parties gives notice to the other to terminate the lease at the end of its current term.

With a tenancy at will, either party may terminate the tenancy by giving the other written notice 1 full rental period or 30 days in advance, whichever is longer. The notice is not effective unless it states when the tenancy is to terminate, which must be on a rent day (for instance, if rent is payable on the 1st of the month, the tenancy can only be terminated on the 1st day of the next month.)

Rooming house tenants who have lived in a rooming house for 30 days or longer are entitled to at least 7 days’ notice to vacate. For residents of less than 30 days, there is no specific notice requirement.

When is the landlord permitted to enter the premises?

The landlord has the right to reasonable access in order to make repairs, inspect the premises, or show the premises to a prospective tenant, purchaser, mortgagee or agent. In an emergency, the landlord may enter the premises without prior notice.

On what grounds can a landlord evict a tenant?

A landlord may evict a tenant at will or a tenant whose lease has expired for any reason whatever or for no reason at all. Common reasons for eviction are: (i) non-payment of rent; (ii) expiry of the lease; (iii) violation of the lease. The landlord must go through a legal action to evict, called a summary process action, and obtain a document called an execution. The landlord gives the execution to a constable or deputy sheriff, who will come with movers to move the tenant out.

The landlord cannot cut off essential services, lock out a tenant or forcibly remove a tenant from the premises without going through the proper court procedure.

The landlord has the right under State law to quickly evict a tenant involved in illegal drug-related activities on the premises. This is done through an expedited eviction proceeding through the court.

A landlord cannot try to evict a tenant, raise the rent or change the terms of the tenancy in retaliation because a tenant has complained of conditions to the landlord in writing, or to any government agency, or because the tenant has organized or joined a tenant organization.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.