Massachusetts Law and Landlord Responsibilities

While the real estate market in Massachusetts and specifically real estate lowell ma and other suburbs that have seen higher migration from former homeowners has allowed landlords to be choosier in who they select, renters are still entitled by law to a decent place to live. This obligates landlords to fulfill a certain number of duties to their tenants which has created a new market for property management agencies that contract with landlords to take care of the properties in question. 

For several folks this is a breath of fresh air and means that all the difficulties that were normally present when owning the property themselves are being cared for by the landlord. The upkeep of the house, fixing problems as they occur, and making sure that everything is in working order is the landlord’s responsibility, and not theirs. It has become one of the major perks of renting for a lot of folks. This is includes folks who lost their homes in the housing bubble foreclosures of the previous eight years. But exactly what are a landlord’s obligations to their tenants?

#1. Anti-discrimination Laws

Firstly, a landlord cannot discriminate against a tenant based on religion, race, or sexual orientation. They cannot discriminate against families with small children. They are however free to reject applicants based on credit history, criminal history, or bad references from other landlords and eviction records. 

This of course, doesn’t apply to communities that are advertised as 55 or over, and in some cases will not apply to owner occupied buildings with less than three rental units. If you suspect a landlord is failing to comply with these standards you can file a lawsuit against them.

#2. Security Deposits

There are restrictions on how much a landlord can charge for a security deposit but there is some leeway as well. For instance, pets may be a reason for charging more than a month’s rent on a security deposit and small children may be another issue as well. In Massachusetts, landlords are obligated to provide a checklist and return the deposit within 30 days of a tenant’s departure. The security deposit should be held in escrow during the duration of the tenant’s stay.

#3. Habitability

Massachusetts has what’s called an “implied warranty of habitability”. This includes taking care of important repairs such as heating and water, or if there the conditions of the property are liable to cause health issues. 

Under these conditions, a tenant has the right to withhold and deduct rent from the landlord, although there are some restrictions on this. The money must generally be held in escrow to show a good faith complaint before a court. Such issues are unlikely to occur if a rental property is kept in could condition and landlords have a vested interest in maintain the property.