Best Landlord & Tenant Lawyers in Massachusetts

About Landlord & Tenant Law in Massachusetts, United States

Landlord and tenant law in Massachusetts governs the legal rights, responsibilities, and interactions between landlords and tenants for residential rental properties. This area of law covers lease agreements, rent payments, security deposits, eviction processes, the condition of rental units, and the handling of disputes between the two parties. Massachusetts has detailed statutes and regulations aimed to protect both landlords and tenants, often with a focus on tenant protections and habitability standards.

Why You May Need a Lawyer

There are several situations where consulting a lawyer experienced in landlord and tenant matters can be beneficial:

• You are facing eviction or need to evict a tenant and want to ensure the process is legal and fair.
• You suspect your landlord is violating your rights or not maintaining the rental unit as required by law.
• Your security deposit has been withheld improperly or not returned within the required time frame.
• There are disputes over rent increases or other changes to the lease agreement.
• You are experiencing retaliation after making a complaint about the property or requesting repairs.
• You need help understanding or drafting a lease agreement that complies with Massachusetts law.
• There is a disagreement about repairs, habitability, or property damage.
• You have been accused of violating your lease or damaging the property and wish to defend yourself.

In cases like these, a lawyer can help you understand your rights, negotiate solutions, and represent your interests in court.

Local Laws Overview

Massachusetts landlord and tenant law features several key points that both parties must be aware of:

• Security Deposits: Landlords may charge a security deposit of up to one month's rent. The deposit must be held in a separate, interest-bearing account, and tenants must be provided with a receipt and statement of the property's condition.
• Habitability: Landlords must maintain rental properties in a condition that meets the state sanitary code. This includes providing heat, hot water, functioning utilities, and keeping the premises free from pest infestations and structural hazards.
• Evictions: Landlords must follow a strict legal process to evict tenants, including providing written notice and, if necessary, pursuing a court order (summary process). Self-help evictions, like changing the locks, are illegal.
• Rent Increases: No limits exist on how much rent can be charged or increased, but increases must not be discriminatory or retaliatory. Proper notice, usually 30 days or the length of the rental period, is required.
• Discrimination: Federal and state laws prohibit discrimination based on race, color, religion, sex, national origin, disability, familial status, sexual orientation, or source of income, including Section 8 vouchers.
• Withholding Rent: Tenants may be allowed to withhold rent if the landlord does not make repairs impacting health and safety, but specific legal requirements must be followed.
• Entry by Landlords: Landlords must provide reasonable notice before entering a tenant's unit, except in emergencies.

Frequently Asked Questions

What are my rights if my landlord refuses to make repairs?

If your landlord does not make necessary repairs affecting habitability or safety, Massachusetts law allows you to request repairs in writing. If repairs are not made within a reasonable time, you may be able to withhold rent, make repairs and deduct the cost from rent, or terminate the lease. Always follow legal procedures and document communication.

How much can a landlord charge for a security deposit?

A landlord in Massachusetts can require a security deposit of up to one month's rent. The deposit must be held in a separate, interest-bearing account and cannot be used for anything other than unpaid rent or damage beyond normal wear and tear.

What is the process for evicting a tenant in Massachusetts?

To evict a tenant, the landlord must give the appropriate written notice and, if the tenant does not move out, file for eviction in housing court using a process called Summary Process. Only a court order allows for legal eviction. Lockouts without court approval are illegal.

What can I do if my landlord keeps entering my apartment without notice?

Landlords must give reasonable notice, typically 24 hours, before entering your unit, unless there is an emergency. Repeated violations can be reported to a local housing authority, and you may have grounds to take legal action.

Can my landlord raise the rent at any time?

Landlords can raise rent once the lease period ends or during a month-to-month tenancy, but they must provide proper written notice, generally 30 days or one full rental period in advance. Rent increases cannot be retaliatory or discriminatory.

How long does my landlord have to return my security deposit?

Your landlord must return your security deposit within 30 days after you move out, deducting only for unpaid rent or damages above normal wear and tear, and must provide an itemized statement if any deductions are made.

Is my landlord responsible for removing mold or pests?

Yes, Massachusetts law requires landlords to maintain rental properties free from conditions like mold and pests that violate the state sanitary code. Notify your landlord in writing and contact the local Board of Health if the issue persists.

What can I do if I believe I was discriminated against in renting a home?

Discrimination in housing is illegal. You may file a complaint with the Massachusetts Commission Against Discrimination or the local Fair Housing Office. Legal help is available to investigate and address claims of discrimination.

Can a landlord keep my security deposit for normal wear and tear?

No, landlords can only deduct for damage beyond normal wear and tear, unpaid rent, or agreed-upon unpaid utilities. Ordinary aging, scuffs, or minor scratches are not deductible.

Am I allowed to break my lease early?

Breaking a lease early can have financial consequences unless allowed by the lease terms or due to legally protected reasons, such as unsafe conditions or domestic violence. Communicate with your landlord and seek legal advice if you need to leave early.

Additional Resources

For more information and assistance regarding landlord and tenant issues in Massachusetts, consider the following resources:

• Massachusetts Trial Court Housing Court Department
• Massachusetts Attorney General's Consumer Advocacy & Response Division
• Massachusetts Commission Against Discrimination
• Local legal aid organizations such as Greater Boston Legal Services or Massachusetts Legal Assistance Corporation
• Your local city or town Board of Health
• Office of Consumer Affairs and Business Regulation

Next Steps

If you need legal assistance regarding a landlord or tenant issue in Massachusetts:

• Gather all documents related to your rental situation, such as your lease, communication records, and photographs of any issues.
• Contact your local legal aid office or a Massachusetts lawyer specializing in landlord and tenant law for a consultation.
• Reach out to your local Board of Health or housing authority if your concern is health or safety related.
• Write a detailed account of your situation, including all relevant dates and actions taken.
• Do not sign new agreements or make payments under dispute without legal advice.
• If urgent, such as facing eviction, act quickly to seek counsel since court deadlines can be short.

A knowledgeable attorney can clarify your rights, represent your interests, and guide you through Massachusetts landlord and tenant processes to protect your housing situation.