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Finder’s Fee: Only a licensed
real estate broker or salesperson can charge you a fee for the purpose of finding an
apartment. The amount, due date, and the purpose of the fee must be disclosed to you prior
to any transaction. There is no set amount to the fee, as it is a contractual arrangement
between the licensed broker or salesperson and you.
Pre-payments: Before you move in,
the landlord can only collect the first and last month’s rent, one month’s
security deposit, and the purchase and installation cost for a lock and key. This may
imply that a landlord cannot collect a finder’s fee for his/her own apartment.
Right Against Unlawful
Discrimination: Massachusetts law prohibits discrimination in housing on the basis
of race, religion, national origin, age, ancestry, military background or service, sex,
sexual preference, marital status, blindness, deafness, or the need of a guide dog, except
in owner-occupied two family dwellings. No
landlord can refuse to rent you an apartment because you receive a rental subsidy, because
the apartment contains lead, or, with some exceptions, because you have children.
See more in Massachusetts
Tenant Rights on RentLaw.com
Before Agreeing to Tenancy (or Signing a
Lease):
- Do not put money down unless you are sure
you want the apartment. Although you may be legally entitled to your money up until the
landlord formally accepts you as a tenant, that money may be difficult to recover.
- Calculate the anticipated costs of
utilities (i.e., heat, electricity) when determining which apartments you can afford.
- Know what is expected of you in terms of
pre-
payments or a finder’s fee.
- Check the apartment to ensure that it is
in acceptable condition. Put all agreements for repairs in writing.
- Evaluate the ease of the contract and the
response record of non-resident superintendent to "after hours" emergencies.
- Talk with prospective neighbors about the
competency and reputation of the landlord and/or management company.
Rental Agreements: According to state
consumer protection regulations, a landlord must include the following in a written rental
agreement:
- The names, addresses and telephone numbers
of the owners and other persons who are responsible for the care, maintenance and repair
of the property;
- 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;
- The amount of the security deposit and
disclosure of rights under the Security Deposit Law.
The landlord also must give you an
executed copy of this agreement within 30 days of your signing it. You
and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to
get all terms in writing.
Late Payment Penalty:
A landlord
cannot charge interest or a penalty on late rent 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. The landlord also cannot use a reverse penalty clause to encourage you to
pay early. For example, it is illegal for a landlord to reduce the rent by 10% if the rent
is paid within the first five days of the month.
Rent Increases: A rental increase may be
any amount the landlord wishes to charge. Rent for a tenant with a lease can be increased
only when the lease term expires. Tenants at will may face a rent increase any time, as
long as notice is received at least one full rental period, but not less than 30 days,
before it becomes effective.
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