Landlord Tenant Law Archives

Your rights and responsibilities as either a Massachusetts landlord or a tenant depend on whether the tenancy is based on a lease or is an at-will tenancy.

Many Massachusetts landlords are unaware that before charging tenants for hot water and sewer service, they must comply with the numerous requirements of the Massachusetts Water Sewer Sub-Metering Law. These requirements include having separate water meters for each unit, installation of low flow faucets and toilets by a licensed plumber, and certification with the local health board, among other requirements outlined below. Non-compliance with this law may result in a three month rent penalty to the landlord plus payment of the tenant's attorneys fees.

Does a Massachusetts landlord have to approve a Section 8 applicant? No, so long as the reason for the rejection is not the Section 8 voucher. Landlords are required by state law to participate in the Section 8 program, if a Section 8 voucher holder is the most qualified applicant. That does not mean you have to approve the rental application for anyone just because they have a Section 8 voucher. You can reject their application for the same reasons you would reject other applicants, so long as the reason is genuinely unrelated to their receipt of public assistance.

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.