THE TENANT'S COMMANDMENTS
Executive Office of Consumer Affairs
One Ashburton Place, Room 1411
Boston, Massachusetts 02108
(617) 727-7780
William F. Weld
Governor
Priscilla H. Douglas
Secretary
M.G.L. = Massachusetts General Laws;
c., sec. = Chapter and Section;
CMR = Code of Massachusetts Regulations.
This pamphlet contains only a summary of your rights as a tenant.
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FINDING AN APARTMENT
Finder's Fee:
A fee for the purpose of finding an apartment (finder's fee,
registration fee or commission) may be collected by a licensed
real estate broker or salesperson only. The fee's purpose, the
amount and the date due should be disclosed to the prospective
tenant prior to any transaction. The amount of the fee is a
contractual agreement between the licensed broker or salesperson
and the prospective tenant. There is no set amount. (M.G.L., c.
112 $87 DDD-1/2) Note: At the beginning of a tenancy, a landlord
is limited to collecting first and last month's rent, one month's
security deposit and key deposit (M.G.L., c. 186, $15B).This may
imply that a landlord cannot collect a finder's fee for his/her
own apartment.
Right Against Unlawful Discrimination:
Under federal law, it is unlawful to refuse rental of any
apartment because of race or color (42 USC $1982). Under state
law, it is also unlawful to refuse rental of any apartment
because of dependence upon public or rental assistance. Except in
owner-occupied 2-family dwellings, the Massachusetts Fair Housing
Law also prohibits discrimination against any person because of
religion, national origin, age, ancestry, military background or
service, sex, marital status, blindness, deafness, or the need of
a guide dog (M.G.L. c. 151B sec 4). It is also generally unlawful
to refuse to rent to adults with children, but there are
exceptions to this rule.
This is only a summary of your rights; there may be other rules
and exceptions. For more information, contact the Massachusetts
Commission Against Discrimination and/or the Fair Housing Office
in your community.
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TYPES OF TENANCY
A Tenant with a Lease is one who signs a lease to rent a
particular apartment for a specified time period. A lease, or
rental contract between the landlord (lessor)and the tenant
(lessee), is a written document which legally binds both parties.
The tenant is obligated to pay a stated rent at a given interval,
usually monthly, in return for a safe and habitable apartment.
A Tenant-at-Will is one who occupies a rented premises without a
lease but pays rent periodically (typically monthly). The
agreement for the Tenancy-at-Will may be either written or
verbal. Either the landlord or tenant may terminate this
arrangement by giving written notice 30 days or one full rental
period in advance, whichever is longer. No reason is required to
terminate. If rent is paid the first of each month, notice should
be given prior to the first day of the month. However, either the
landlord or the tenant may be able to give notice as late as the
first day of the month itself. For extra protection send the
notice both by certified mail, return receipt-requested, and by
regular mail.
A Rooming or Boarding House Tenancy is different from the two
other types of tenancies. Termination notices vary depending on
the length of tenancy:
Length Notice Required
<30 days None
30-90 days 7 days
>3 months 30 days
(*Exception: The landlord is only required to give a 7-day notice
if tenant is disorderly or bothersome to other tenants OR if
tenant pays weekly.)
After three months of tenancy, the rooming house tenant is
considered a tenant-at-will and afforded all rights of a tenant-
at-will.
Rent Increases:
If an apartment is either rent controlled or publicly subsidized,
the landlord cannot increase the rent without receiving prior
approval of the local Rent Control Board or the proper housing
authority, respectively. Rent for a Tenant with a Lease can be
increased only when the lease term expires. Rent for a Tenant-at-
Will can be raised only when both parties agree to the increase.
However, if you do not agree to it, the landlord can have you
evicted. If your landlord wants to raise your rent, s/he must
send you proper legal notice terminating your current tenancy.
This notice may contain an offer to remain in the apartment for
the increased rent. You must receive this notice at least one
full rental period, but not less than 30 days, before it becomes
effective. The rental increase may be any amount the landlord
wishes to charge, and s/he may increase the rent as often as s/he
wishes, provided that proper notice is given each time the rent
is increased.
Note: Some cities or towns (e.g., Boston) allow rental increase
limited to the increase in the Consumer Price Index for elderly,
handicapped and low/moderate income tenants. Check with your
local housing authority or rent control board to see if this
applies to your city or town.
Rights Against Retaliation:
Although the landlord of a Tenant-at-Will can terminate the
tenancy or raise the rent without reason, s/he cannot do so in
response to the tenant's exercising his or her legal rights. If
the landlord tries to raise your rent, terminate or otherwise
change your tenancy within six months of when you contact the
Board of Health, join a tenants' organization, or exercise other
legal rights, the landlord's action will be considered
retaliation against you. Unless the landlord can prove that s/he
is changing the tenancy for reasons other than your having
exercised your rights, the landlord will not be able to raise the
rent, change or terminate the tenancy. While the law does offer
this protection, be aware that the landlord may attempt to
retaliate against you. See information on counterclaims under
"EVICTION"
Late Payment Penalty:
Tenants should pay rent on time. The landlord can't charge any
interest or a penalty until 30 days after the due date. However,
the landlord can begin the eviction process immediately - even if
the rent is only one day overdue. (M.G.L., c. 186,sec 15B). The
landlord also cannot use a reverse penalty clause to encourage
tenants to pay early. For example, it is illegal for a landlord
who charges $400 per month to reduce the rent by 10% if the rent
is paid within the first five days of the month.
Termination vs. Eviction:
Termination is different from eviction. Termination is the ending
of your rental agreement or lease. Either the landlord or tenant
can initiate the termination of the tenancy. Eviction is the
forced removal of a tenant from an apartment after termination.
Eviction can only be ordered by a judge. The landlord cannot lock
you out or throw you out of your apartment. (See section on
Eviction)
Before Agreeing to Tenancy (or Signing a Lease) . . .
o Do not put down any money unless you are sure you want the
apartment. Though you may be legally entitled to your money
up until the time the landlord formally accepts you as a
tenant, practically speaking, that money may be difficult to
recover.
o Calculate the anticipated cost of utilities (i.e.,
heat,electricity) based on actual usage. You must be able to
pay the total cost of rent plus utilities;
o Know what is expected of you in terms of prepayments(e.g.,
last month's rent, security deposit, key deposit) or
finder's fee;
o Check the apartment to ensure that it is in acceptable
condition. Confer with the landlord/management company
regarding any repairs to be made. Any agreements should be
put in writing.
o Check with the landlord to see if subletting is allowed. In
most cases, leases have a provision for subletting with the
landlord's permission. If the lease does not permit
subletting, and you sublet, you could be sued for breaking
the lease.
o Evaluate the ease of contact and the response record of a
non- resident superintendent to "after hours" emergencies.
o Talk with prospective neighbors concerning the competency
and reputation of the landlord and/or management company.
Types of Tenancy Agreements:
Written Rental Agreements: According to state consumer protection
regulations (940 CMR 3.17(3b)), a landlord must include the
following in a written rental agreement:
o The names, addresses and telephone numbers of the owners and
any other persons who are responsible for the care,
maintenance and repair of the property;
o The name, address and telephone number of the person
authorized to receive notices of violations of law and to
accept notice of lawsuit on behalf of the owner;
o The amount of the security deposit and disclosure of rights
under the Security Deposit Law.
Verbal Rental Agreements: You and the landlord may agree verbally
to the terms of your tenancy. However, it is safer to get all
terms in writing.
Lease: A lease is merely a contract form which has been adapted
for use by an individual landlord. The lease should clarify the
rights and responsibilities of both the tenant and the landlord.
ALWAYS READ YOUR LEASE BEFORE SIGNING. If wording is unclear, ask
for an explanation. Within 30 days after the lease is signed, the
landlord is required to furnish you with a copy for your records.
If the landlord does not give you a copy within the allotted 30
days, s/he can be fined up to $300. Any provision which conflicts
with the law or requires you, as a tenant or prospective tenant,
to waive your rights is void and unenforceable (M.G.L., c. 186,
sec. 15B).
Types of Leases: A standard fixed-term lease typically runs for a
12-month period and may or may not be renewed after the period
expires. A self-extending lease is one which automatically renews
itself if neither the landlord nor the tenant gives formal notice
that there will be no renewal by the date specified in the lease.
Remember . . .
Describe in the lease all rental terms, conditions and charges.
During the lease term, the landlord cannot add a charge for the
use of facilities that were available at no cost when the lease
was signed.
Check that all blanks appearing in the lease have been filled in
and that the agreed upon rent is stated.
Write into the lease all verbal promises, additional clauses or
clarifications made by either party. Both you and the landlord
must initial each change.
Financial Matters
Pre-payments: Pre-payments, or money to which the landlord is
entitled before you move in, are limited by law (M.G.L, c. 186,
sec 15B) as follows:
o the first month's rent
o the last month's rent
o one month's security deposit
o purchase and installation cost for a lock and key
o Security Deposit and Last Month's Rent
A security deposit and the last month's rent are not the same
thing, nor are they interchangeable. Last month's rent is the pre-
payment to the landlord for the last month of tenancy. A security
deposit is a deposit of money to the landlord to ensure that rent
will be paid and other responsibilities of the lease performed
(e.g., paying for damage caused by the tenant). The amount of the
last month's rent and of the security deposit each cannot be
greater than one month's rent. If the landlord later raises the
rent, s/he can require you to increase both the amount of the
last month's rent and the amount of the security deposit to equal
the new rent. A landlord cannot transfer one for the use of the
other without the tenant's consent. Likewise, the tenant may not
use the security deposit as the last month's rent.
Receipts: Upon receiving a last month's rent and/or a security
deposit, the landlord must give you a receipt for each
prepayment. The following information must be included:
o the amount
o the date on which it was received
o its intended use
o the name of the person receiving it
o if an agent is involved, the name of the landlord for whom
the rent is collected
o the signature of the landlord or agent.
If last month's rent is collected, the landlord must also give
you a statement indicating that you are entitled to either 5%
interest or other such lesser amount of interest as has been
received from the bank where the deposit has been held, a
statement indicating that you should provide the landlord at the
termination of tenancy with a forwarding address where interest
can be sent, and a description of the rented apartment.
THE LANDLORD IS REQUIRED TO PAY INTEREST ON BOTH LAST MONTH'S
RENT AND SECURITY DEPOSIT.
Payment of Interest: Interest is payable to you each year on the
anniversary date of your tenancy. On each anniversary date, the
landlord must give or send you a statement indicating the amount
of interest owed you for your security deposit and/or last
month's rent. At the same time the landlord must give or send the
interest due or a notice that you may deduct the interest from
the next rental payment. If within 30 days of the anniversary
date you do not receive the interest or the notice to deduct, you
may deduct the interest from your next rental payment. You do not
have to live in your apartment for more than 12 months to be
eligible for accrued interest on last month's rent. If your
tenancy terminates before the anniversary date, you are entitled
to all interest accrued on last month's rent. (Interest does not
accrue for that month for which the last month's rent is used.)
However, the security deposit must be held for a year or more
starting from the commencement of tenancy to make you eligible
for 5% interest or other such lesser amount of interest as has
been received from the bank in which the deposit has been held on
your security deposit. Interest on both last month's rent and
security deposit must be paid within 30 days of the date of
termination.
The payment of interest on security deposits and last month's
rent has been required by law since January 1, 1972, and April
1,1984, respectively.
Important! The law requires a landlord to hold a security deposit
in a separate, interest-bearing account in a Massachusetts bank.
(The landlord does not have to maintain a separate account for
each deposit.) So within 30 days after receipt of the security
deposit, the landlord must give you a receipt identifying the
bank's name and address, the account number, and the amount of
the deposit. If the landlord fails to comply, you are entitled to
immediate return of your security deposit.
Statement of Condition: If a landlord or agent takes a security
deposit, (s)he must give you a signed, separate written statement
of the present condition of the premises. You must be given this
statement when the landlord/agent receives the deposit or within
10 days after tenancy begins, whichever is later. The statement
must contain a comprehensive list of existing damage including
any certified violation of the State Sanitary Code or building
code and a list of damages adjudicated by a court. If you do not
agree with the contents of the statement, you must return a
corrected copy to the landlord within 15 days after you receive
the list or 15 days after you move in, whichever is later. If you
do not return this list, a court may later view your failure to
return the list as your agreement that the list is complete and
correct in any suit that you may bring to recover your security
deposit. If you do not submit a separate or corrected list of
damages, the landlord must return it within 15 days of receipt
with a clear written response of agreement or disagreement. This
signed statement and the original condition statement are the
basis upon which future deductions for damage will be made. If
the landlord does not give you a Statement of Condition, you
should write your own and send a copy to the landlord or agent.
Transfer of Security Deposit and Last Month's Rent: Upon sale or
transfer of the building, the landlord must credit the last
month's rent and security deposit with any accrued interest to
the new landlord. The new landlord is required to notify you in
writing that the last month's rent and/or security deposit was
transferred to him within 45 days from the date of transfer. The
notice must also contain the new landlord's (and agent's, if
applicable) name, business address and telephone number. If the
former landlord fails to transfer the pre-payments to the new
landlord, s/he is still liable, but the new landlord shall also
assume responsibility. If the tenant is still living in the
apartment, the new landlord can satisfy his obligation by
granting the tenant free rent for a period equivalent to the pre-
payments made, typically one month's rent.
Damage Deduction from Security Deposits: The landlord must return
the security deposit within 30 days after the termination of
tenancy. However, the landlord can deduct only for the following:
o any unpaid rent which has not been withheld validly or
deducted under the law;
o any unpaid increase in real estate taxes which the tenant
was obligated to pay under a valid tax escalator clause;
o a reasonable amount necessary to repair any damage caused by
the tenant, any person under his/her control or any person
on the premises with his/her consent. Pet damage can also be
deducted. The tenant does not have to pay for reasonable
wear and tear associated with normal use. However, the
tenant is responsible for maintaining the apartment in a
clean and sanitary condition -- free of garbage and rubbish.
If the premises are damaged, the landlord must provide the
following within 30 days after the tenancy ends:
o a detailed list of damages listing their nature and extent,
and the repairs required to remedy them. This list must be
sworn to by the landlord or his agent under the pains and
penalties of perjury;
o written evidence such as estimates, bills, invoices or
receipts, indicating the actual or estimated cost of these
repairs.
The landlord cannot deduct for repairs for any damage listed in
the Statement of Condition or acknowledged amendments, unless the
landlord can prove that s/he repaired the original damage after
notification, and that new damage was caused by the tenant. The
landlord must return the balance of the security deposit (if
any), after all proper deductions have been made.
IF THE LANDLORD FAILS ...
o to pay interest on last month's rent within 30 days
termination of tenancy;
o to deposit the security deposit in a bank account;
o to return the security deposit (or balance after lawful
deductions) with accrued interest within 30 days after
termination of tenancy; or
o to transfer the security deposit or last month's rent to the
new landlord
... YOU ARE ENTITLED TO TRIPLE DAMAGES, PLUS COURT COSTS AND
REASONABLE ATTORNEY FEES.
IF THE LANDLORD ...
o fails to furnish you with an itemized list of damages within
30 days after termination of tenancy if deductions are made
for damages;
o fails to make the security deposit records available for
inspection during office hours; or
o fails to provide, within 30 days of receipt of the deposit,
another receipt with name and location of bank and amount
and account # of deposit;
o uses a lease which contains provisions conflicting with the
security deposit law and attempts to enforce these
provisions or attempts to get you to sign a waiver of rights
... YOU ARE ENTITLED TO THE IMMEDIATE RETURN OF YOUR SECURITY
DEPOSIT. THE LANDLORD CANNOT KEEP YOUR SECURITY DEPOSIT FOR ANY
REASON, INCLUDING MAKING DEDUCTIONS FOR DAMAGE.
HABITABILITY RIGHTS
The tenant is entitled to a safe and habitable living
environment. The State Sanitary Code protects the health, safety
and well-being of tenants and the general public. The local
Boards of Health enforce the Code.(Note: In Boston, it is the
Housing Inspection Department.) Copies of the Code may be
purchased from the State House Bookstore, State House, Room 116,
Boston,MA 02133, (617) 727-2834.
The Code includes the following provisions:
HEAT: The landlord must provide and maintain a heating system in
good operating order. From September 16 to June 14, every room
must be heated to a temperature of at least 68oF between the
hours of 7:00 a.m. and 11:00 p.m. and at least 64oF between the
hours of 11:01 p.m. and 6:59 a.m. unless the tenant is required
to supply the fuel under a written lease agreement. During the
heating season, the maximum heat allowable in the apartment is
78oF.
COCKROACHES AND RODENTS: The landlord of a dwelling of 2 units or
more must maintain the unit free from rodents, cockroaches, and
insect infestation, and must be responsible for extermination.
KITCHENS: The landlord must provide within the kitchen a sink of
sufficient size and capacity for washing dishes and kitchen
utensils, a stove and oven in good repair (except when a written
lease agreement requires the tenant to provide his/her own stove
and oven), and space and proper facilities for the installation
of a refrigerator. NOTE: The refrigerator does not have to be
provided.
HOT WATER: The landlord must provide and maintain facilities
capable of heating and supplying hot water at a temperature
between 110oF and 130oF in a quantity and pressure sufficient to
satisfy the ordinary use of all plumbing fixtures. Exceptions are
made when the occupant is required to provide fuel for the
operation of the facilities under the written lease agreement.
STRUCTURAL ELEMENTS: Every landlord must maintain the foundation,
floors, walls, doors, windows, ceilings, roof, staircases,
porches, chimneys, and other structural elements of the dwelling
so that it excludes wind, rain, and snow; is rodent-proof,
weather tight, watertight, and free from chronic dampness; in
good repair, and in every way fit for its intended use.
SNOW REMOVAL: Every exit used or intended for use by occupants of
more than one dwelling unit or rooming unit shall be maintained
free from obstruction .
LEAD PAINT: If there are children under the age of six living in
the dwelling, all lead paint must be removed.
Reporting Violations of the Code: If you feel conditions exist
that may violate the Code, such as the ones listed above, follow
these steps:
o Call your landlord and advise him/her of the problem and
request repair. In addition, put your request in writing for
the record. If the landlord's response is not satisfactory,
continue with the following steps.
o Call your local health department and request an inspection.
It is against the law for the landlord to retaliate by
raising the rent or evicting the tenant for reporting
violations to the authorities within six months of request (
and ).
o Prepare a list of suspected violations you wish
investigated. If you want a comprehensive inspection, inform
the inspector.
o Make sure the inspector writes down all the violations.
Any violation (major or minor) may be determined to be CODE ONE,
one endangering the health and well-being of the tenants, by the
inspector. The inspector must provide the tenant with a copy of
the report and must specify a time period for the landlord to
correct the violations. If the landlord has not begun repairs or
contracted for repairs within this specified period of time, s/he
could be subject to fines or imprisonment.
Tenant's Remedies:
The Massachusetts Supreme Judicial Court ruled that when a
landlord fails to maintain a dwelling in a habitable condition, a
tenant may properly withhold a portion of the rent from the date
the landlord has notice of this breach of the warranty of
habitability(M.G.L., c. 239, $8A). Rent withholding can be a
useful tool to force repairs, but it is a serious step and should
be dealt with carefully. You may want to get some legal advice
before proceeding with rent withholding since the landlord may
try to evict you for non-payment of rent. You should first appeal
to your landlord in writing to make the necessary repairs. You
should next contact your local board of health to inspect your
apartment for health code violations. You must be current in your
rent up until the time of the problem and the unsanitary
conditions should be such that do not require the apartment to be
vacated. If violations still exist, you should write to your
landlord informing him/her that you will be withholding rent and
be sure to specify your reasoning for doing so. Deciding how much
to withhold is individual to the situation of the tenant (e.g.,
the cost for loss of heat or other major inconvenience). You need
only pay the fair rent for your unit given its defective
condition.
Repair and deduct is another means by which a tenant may make
emergency repairs in an apartment or common living areas and
deduct up to four months future rent to pay for them if three
conditions are met (M.G.L.,c. 111, s.127L):
o the local board of health or other code enforcement agency
has certified the health code violations the apartment as
Code One violations.
o the landlord receives written notice of the existing
violations from the inspecting agency.
o the landlord is allowed five days from the date of notice to
begin repairs him/herself or to contract for outside
services and 14 days to substantially complete all necessary
repairs. (Note: A landlord may have less than 14 days to
complete the repairs if ordered by the court or the local
code enforcement agency.)
If the tenant qualifies under "repair and deduct," the tenant may
treat the lease or rental agreement as broken, and may move
rather than undertake the necessary repairs. However, the tenant
must pay the fair value for the period s/he occupied the
apartment and vacate the apartment within a reasonable period of
time.
Shutoff Rights: The landlord cannot cause the removal or shutoff
of utilities except for a temporary period during repair or
emergencies. In cases when a landlord's account is about to be
shut off for non-payment, state law (M.G.L., c. 164, sec. 124D)
and Department of Public Utilities regulations require utility
companies to notify each affected tenant in writing at least 30
days prior to the scheduled termination. Tenants may also be
asked to pay part of the overdue bill to the utility and deduct
that payment from their rent. Tenants should contact the
Department of Public Utilities at (617) 727-3531 or (800)392-6066
for more information.
TENANT'S RIGHTS
Right Against Unlawful Entry: (M.G.L., c. 186, sec. 15B) The
landlord may enter the tenant's apartment under a right of entry
clause by written agreement only for the following reasons:
o to inspect the premises
o to make repairs
o to show the apartment to a prospective tenant,
purchaser, mortgagee or its agents
o in accordance with a court order
o if the premises appear to have been abandoned
o to inspect the premises within the last 30 days of the
tenancy or to determine the amount of damage to be
deducted from the security deposit after notice to
terminate has been given.
The landlord should be "reasonable." S/He should attempt to
arrange a mutually convenient time to visit the apartment. If the
landlord persists in entering your apartment in an unreasonable
fashion, you should file for a temporary restraining order at
your local district court.
EVICTION
IF YOU ARE A TENANT WITH A LEASE, your landlord may attempt to
evict you if:
You have not been paying your rent (Non-Payment Eviction)
You or people under your control have caused excessive damage to
the apartment or you have violated terms of your lease (e.g.,
subletting or pets without permission) (Other Cause Eviction)
Your landlord must first send you a "Notice to Quit." The terms
of your lease will dictate the notice required. Typically, if you
are being evicted for non-payment of rent, you must receive a 14-
day notice by law, and for other-cause eviction, notice as
specified in the lease,typically a 7-day notice.
IF YOU ARE A TENANT-AT-WILL, your landlord is not required to
give you any reason for termination of your tenancy, but there
must be reason to evict. The fact that your landlord has
terminated your tenancy-at-will, however, constitutes sufficient
reason. The termination notice (see "Types of Tenancies") is the
"Notice to Quit"
YOU DO NOT HAVE TO MOVE OUT OF YOUR APARTMENT AFTER THE 14 OR 7
DAYS. You may only be evicted from your apartment when a judge
orders you evicted. If this is the first time in a 12-month
period that you are being evicted for non-payment of rent, you
may avoid eviction by paying up any rent owed within ten days of
receipt of the notice. The notice of a tenant's rights to cure in
a non-payment case must appear on the "Notice to Quit". If the
notice does not appear, as it may not in the case of a tenant-at-
will, the tenant has until the date the Answer is due to pay up
back rent.
NOTE: Landlords of public housing and rent-control tenants must
first go through the local housing authority and rent control
board, respectively, before the landlord can proceed with the
eviction. Public housing and rent control tenants have the right
to a hearing in front of the appropriate board on their eviction.
You may be able to avoid the court eviction procedure altogether
by using alternative mechanisms:
The Boston, Springfield and Worcester Housing Courts provide
mediation and conciliation for tenants and landlords within their
jurisdiction. Housing specialists at the courts help to resolve
disputes between the two parties.
The Attorney General's Face-to-Face Mediation Program and the
Executive Office of Communities and Development's Housing
Services Programs sponsor mediation programs which allow the
landlord and tenant to work out a mutually satisfactory decision
with the assistance of a neutral mediator.
If all else fails and the landlord is bringing you to court, be
prepared to defend yourself. If you do not show up, you will
default and automatically lose any defense against eviction. Even
if your landlord tells you s/he has decided not to pursue
eviction, you should appear on the date specified to protect
yourself. You may want to seriously consider getting some legal
advice before going to court.
The Summons and Complaint: After the notice period (14 or 7 days)
has passed, the landlord delivers to the tenant a Summary Process
and Complaint. This officially informs the tenant that the
landlord is taking legal action against the tenant. The complaint
will state the date of the eviction hearing and the date on which
the Answer must be filed.
Answer: The Answer is a written response from the tenant stating
why s/he should not be evicted. The Answer also gives you the
chance to make counterclaims against the landlord. Counterclaims
may include, for example,health code violations, retaliation (see
pages 3 & 9), harassment, security deposit violations, or
improper eviction procedure. The Answer form is available at your
local district court. It must be received by both the court and
the landlord by the Monday before your court date. KEEP A COPY
FOR YOURSELF.
The Appeal: The judgment is entered with the clerk of the court
on the Friday after the trial. If you lose the case, you may
appeal the decision and request a new hearing. If you choose to
appeal, file a Notice of Appeal within 10 days after the date the
judgment is entered. You will be required to pay an "appeal bond"
which may be waived if you are not able to afford it. It is
advisable to speak with an attorney at this point.
The Execution: The execution is the judge's eviction order. If
the eviction is to take place, the court will give the landlord
an execution paper ten days after the judgment is entered. The
landlord cannot evict you without this paper. The execution may
be served by a constable or sent by registered mail. At least 48
hours before the execution is to be served, you must be given
written notice of the date and time when, if you have not already
left, you and your possessions will be physically removed from
the apartment. The execution is good for three months. This means
that if your landlord chooses to allow you to stay in the
apartment s/he can later use the execution at any time within the
three months. However, if within the three months the landlord
accepts payment of the amount won in the summary process action
and your current rent, s/he cannot use the execution at any point
and must return it to the court.
The Stay of Execution: If the eviction was not your fault or you
cannot find a place to live, you may be able to convince the
judge to grant you a stay of execution, allowing you to stay in
your apartment for up to six months. Elderly or handicapped
tenants can request a stay of up to one year. However, if you are
being evicted for non-payment of rent, you have no clear legal
basis to request a stay. In the case of a tenant whose damages
(which may arise from counterclaims made by the tenant) are less
than the amount owed to the landlord(e.g., back rent), the tenant
has 7 days to pay the balance, with interest and court costs, and
thus avoid eviction (M.G.L., c. 239, s. 8A)
The Eviction: When the date on the execution order arrives, you
must move out. The landlord is not required to give you any
further notice once the eviction order has been executed. It is
best to move out your own furniture. If you do not, the sheriff
or constable will forcibly move you out and place your
possessions in storage.
You should make a list of the stored items and any identifying
marks. Your furniture cannot be put on the street unless you give
permission. Though not stated by law, usual practice holds that
you will be responsible for the cost of storage after the first
three months. Your former landlord may also sue you for the cost
of eviction (e.g., 3 months storage, constable and moving fees).
If you do not get your furniture out of storage within six
months, the person storing it has the right to sell it. However,
you do not have to pay back rent to get your furniture out.
CONDOMINIUM CONVERSION: State law requires that an owner who is
converting rental units to condominiums or cooperatives must give
tenants a notice to vacate of one full year or until the
expiration of the lease, whichever is longer. If the tenant is
elderly (62 and older),handicapped, or low/moderate income, the
tenant must be given two years to vacate the apartment. The
notice of condominium conversion must be sent certified or
registered mail, return-receipt requested.
During this time period, rent cannot be raised by more than 10%
or the Consumer Price Index, whichever is lower. The owner is
required to pay up to $750 per rental unit for relocation
expenses; $1000 per unit if the tenants are elderly, handicapped,
or low/moderate income. The owner must also assist elderly,
handicapped, or low/moderate income tenants to find comparable
housing in the same city or town.
Each tenant must be given the opportunity to purchase the unit
s/he occupies. The conditions of the purchase must be equal to or
better than those offered to the public. Massachusetts cities and
towns have the right to modify state condominium laws. Boston,
Acton, Brookline, Cambridge, and Somerville already have their
own condo conversion laws and so are not bound by the state law.
Check with your local housing agency for more information on
individual city and town laws.
TENANTS' RESOURCES
The Self-Help Guide in the Community Service pages of your local
telephone directory lists a number of area organizations which
provide assistance to tenants (e.g., boards of health, legal aid
services, consumer and tenant groups). Telephone numbers for
local housing authorities, rent control boards and district
courts are listed in the blue pages of your phone book.
Housing Discrimination
Massachusetts Commission Against Discrimination
One Ashburton Place, 6th Floor
Boston, MA 02108(617) 727-3990
Boston Fair Housing Commission
City Hall, Room 957
Boston, MA 02201(617) 725-4408
(Boston Residents only)
Complaints against Real Estate Agents/Salespersons Division of
Registration
Investigative Unit
100 Cambridge Street, 15th Floor
Boston, MA 02202(617) 727-7406
Lead Paint Removal
Childhood Lead Poisoning Prevention Program
State Laboratory
305 South Street
Jamaica Plain, MA 02130
(617) 522-3700 Toll Free: (800) 532-9571
Housing Courts
Boston Housing Court
Suffolk County New Court House, 10th floor
Government Center
Boston, MA 02108
(617) 725-8495
(617) 742-5822 (Emergencies, Nights, Sundays, Holidays)
Hampden County Housing Court
37 Elm Street
Springfield, MA 01103
(413) 781 -8100
Worcester County Housing Court
Worcester County Court House
2 Main Street, Room 101
Worcester, MA 01608
(617) 792-0800
Face-to-Face Mediation Program: Contact your local consumer group
which is listed in the Self-Help Guide in the telephone directory
or call the Attorney General's Consumer Hotline -727-8400- which
can also direct you to a program in your area.
Housing Services Program: The Housing Services Program provides
tenant and landlord mediation, tenant counseling and information
to low-to-moderate income tenants and landlords. To find out
which community agency covers your city or town,contact the
Executive Office of Communities and Development at (617) 727-
7127.
July 1994