Application fees are one of those areas where inexperienced Massachusetts landlords follow common sense instead of the law, and pay penalties as a result. The law for property owners and managers is clear. It states that prior to the beginning of a tenancy, no lessor may require payment for anything except first, last, security, and locks.
Massachusetts landlords must help the tenant maintain 64 to 68 °F from September 15 to June 15 under the Massachusetts heat laws. Massachusetts apartment heating laws are specified in the State Sanitary Code, officially 105 CMR 410 The Minimum Standards of Fitness for Human Habitation. This regulation has the force of law and governs all things apartment, including winter heating requirements.
It is common, especially with contentious Massachusetts landlord/tenant relationships, for allegations to surface regarding the failure of one party to properly maintain the property.