What Legal Responsibilities Does a Landlord Have in Massachusetts?

Becoming a landlord is an excellent choice if you are looking for a reliable source of income, but it also comes with its own set of legal requirements. Over the years, these laws have changed considerably. Tenants now have a number of rights under Massachusetts law, and landlords should strive to gain a full understanding of these rights in order to steer clear of any legal issues.

On the other hand, learning about your landlord’s legal responsibilities is just as important if you are a tenant. When you know what your landlord is supposed to provide, you can hold them accountable when they fail to deliver. You can also make sure your landlord is not overstepping their boundaries. Whether you are a landlord or a tenant, the best way to navigate these laws is to consult with a legal expert.

Legal Responsibilities Depend on What Kind of Agreement is in Place

In order to determine what kind of legal responsibilities a landlord has, it is important to figure out what kind of agreement is in place. Providing a rental agreement in the first place is the first real legal requirement of a landlord. There are two main types of rental agreements in Massachusetts:

• Lease Agreement: A lease agreement is put in place for a specific period of time – usually one year. During this one-year period, the rental fee remains the same and the landlord cannot evict the tenant unless specific terms of the agreement are breached.
• Tenancy-at-Will: A tenancy-at-will has no specific timeframe, and it remains in place as long as both parties are satisfied. In contrast to a lease, tenancies-at-will often involve less complicated paperwork. With this type of agreement, the landlord can change the rental fee as long as they provide the tenant with 30 days of notice.

While landlords have some freedom when writing out these contracts, they cannot simply write whatever rules and regulations they want. Under Massachusetts state law, landlords are specifically banned from writing conditions that would force tenants to pay for normal wear and tear, prevent them from suing the landlord, or force them to pay unreasonable late fees.

Duties and Legal Obligations of Landlords

Although a landlord’s legal responsibilities may differ slightly depending on the type of rental agreement signed by both parties, there are many universal factors that apply to all landlords in the state:

• Duty to Provide Habitable Premises: Landlords must carefully adhere to the State Sanitary Code when providing premises for tenants. They must provide a heating system of some kind. You can ask the tenant to pay for heating costs, but you must provide the heating system itself. You must also provide a kitchen and an adequate water supply. In addition, landlords are required to deal with pest infestations and address any concerns with the structure of the property. These include the roofs, the ceilings, walls, porches, chimneys, and exits.
• Anti-Discrimination Laws: Landlords are not allowed to reject tenants based on their sexual orientation, ethnicity, gender identity, or source of income. That being said, landlords can still reject potential tenants if they have bad credit.

Getting Legal Help

Whether you are a landlord who is facing lawsuits or you are a tenant who is trying to take your landlord to court, it is always best to enlist the help of a qualified attorney. Reach out to the Law Offices of Johnson, Sclafani & Moriarty, and we will help you resolve your issues.