What Are My Rights as a Landlord or Tenant

Renting a property involves entering into a legal agreement between the landlord and the tenant. The terms of tenancy can vary depending on whether it is based on a lease or an at-will tenancy. Understanding your rights and responsibilities is crucial to maintain a harmonious landlord-tenant relationship. Let’s explore the key aspects of each type of tenancy and shed light on the obligations of both landlords and tenants in Massachusetts.

Tenancy based on a lease:
A lease agreement establishes a fixed-term tenancy, typically lasting for one year. During this period, the monthly rent remains unchanged, and the landlord cannot terminate the tenancy unless the tenant violates the conditions specified in the lease. As a tenant, you are obligated to pay rent for the entire lease term unless you reach an agreement with the landlord for early termination.

A lease offers stability and predictability to both parties. It is crucial to have a written lease agreement that clearly outlines the rules and regulations governing the tenancy. This document should cover aspects such as rent amount, due dates, maintenance responsibilities, and any additional terms agreed upon by both parties.

Tenancy-at-will:
A tenancy-at-will, on the other hand, does not have a predetermined end date. It continues as long as both the landlord and tenant wish to maintain the tenancy. While a written agreement is not always required for a tenancy-at-will, it is advisable to have a clear understanding of the rental terms.

In a tenancy-at-will, the tenant pays the agreed-upon rent each month indefinitely. Either party can terminate the tenancy by providing notice. The notice period typically ranges from 30 days to one month, depending on the jurisdiction. It’s important to note that rent adjustments can be made during this notice period before the tenancy ends.

Obligations of landlords and tenants:
Irrespective of the tenancy type, both landlords and tenants have certain obligations that must be fulfilled to maintain a healthy landlord-tenant relationship. Let’s examine the responsibilities of each party.

Tenant’s responsibilities:
1. Pay rent on time: As a tenant, you are obligated to pay the agreed-upon rent amount by the specified due date.
2. Adhere to the lease terms: Whether you have a lease agreement or a tenancy-at-will, you must follow the rules established by the landlord, such as pet policies, noise restrictions, and other regulations.
3. Maintain the property: You are responsible for maintaining the rental unit and ensuring that it remains in good condition. Any damage beyond normal wear and tear must be repaired at your expense.
4. Provide notice of termination: If you decide to end the tenancy, you must provide the required notice period as per the agreement or local regulations.

Landlord’s responsibilities:
1. Provide a safe and habitable dwelling: Landlords must ensure that the rental unit meets all health and safety requirements outlined in the applicable building codes and the local sanitary code.
2. Keep promises made in the lease agreement: Any provisions, services, or amenities agreed upon in the lease must be fulfilled by the landlord.
3. Give notice before entering the property: Except for emergencies or abandonment cases, landlords must obtain the tenant’s consent and provide reasonable notice before entering the rental unit for repairs, inspections, or to show the unit to potential buyers or tenants.
4. Return the security deposit: After the tenancy ends, landlords are typically required to return the security deposit, minus any deductions for unpaid rent or damages beyond normal wear and tear, within a specific time frame stipulated by local laws.

If you are either a landlord or tenant and have questions about your rights, call the law offices of Johnson, Sclafani & Moriarty now. 413-732-8356.