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Credit Claims For Boston Accountants: Attorney Guidance For Financial Success – Massachusetts is one of the smallest states in the country, but it has a competitive real estate market. Suppose you are a rental business owner in this state. In that case, it’s important to understand the landlord-tenant laws that govern the rental of your property.
If you’re wondering if Massachusetts landlords are allowed to raise the rent and what rent restrictions apply, keep reading! We’ve put together a guide to help you understand Massachusetts rent control laws.
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The state of Massachusetts prohibits cities and counties from enacting their own rent control legislation and does not impose any rent regulations. Therefore, landlords are free to set their own rent prices.
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Although they are free to raise the rent to the preferred rate, landlords are not allowed to increase rent while a lease is in effect. At the end of the lease term, they must also give the tenant 30 days’ notice before changing rental rates.
This allows tenants time to decide whether to accept the price increase or look for another place to live.
Massachusetts has not always prohibited rent-seeking. In fact, until the state banned them entirely in 1994, several municipalities, such as Boston, Brookline, and Cambridge, had rental policies in place.
The epidemic of COVID-19 brought this topic again in 2021 as a result of the country’s profit crisis. In many cities, especially Cambridge, where the rent was most important, Massachusetts legislators tried to adopt rent regulation and freeze policies.
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All of them failed at the state level, and Massachusetts eventually decided not to revise its rent laws. Tenant activists who argued in favor of rent controls essentially wanted to provide tenants with an indefinite hold on rental property.
However, even those with economic expertise, such as Boston Mayor Michelle Wu, continue to bring up the concept of rent control even though most economists oppose it.
In Massachusetts, landlords are prohibited from increasing rent halfway through a fixed-term lease for specific discriminatory reasons (such as race or age) or as retaliation unless expressly permitted by the lease.
The Federal Fair Housing Act makes it illegal for landlords to discriminate against tenants based on age, race, color, disability, familial status, religion, sexual orientation or national origin.
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Additionally, Massachusetts law prohibits landlords from raising rent in retaliation. If the landlord’s action occurs within six months of something the tenant does, it is considered retaliatory.
Regarding tenancy at will, Massachusetts law mandates that landlords provide tenants with at least 30 days’ notice before raising rent or if longer, a period equivalent to the frequency of rent increases.
Assume that the rent is paid every three months. In that case, the landlord must give the tenant 60 days’ notice.
Additionally, landlords must wait until the end of the lease term before raising rent for tenants with one-year leases. Although no notice period is required in this circumstance, landlords are encouraged to behave fairly and reasonably.
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It is important to understand the rent control policies in Massachusetts. With a thriving rental market, it’s a great place to set up a rental business. Unlike many other states where local governments can impose their own laws, Massachusetts has no city or town control laws.
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No. Massachusetts law does not currently enforce rent restrictions, and there is no legal limit to the amount by which landlords can increase the rent. Landlords are allowed to choose their own rental prices.
In Massachusetts, landlords are allowed to increase the rent at any time, as long as they give the required notice, do not do so during the fixed term of the lease (unless the lease specifically allows it), and do not do it to discriminate or. retaliate against the tenant.
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If a rental agreement has a clause that allows rent to be paid during the rental period, it must specify the terms and conditions, including the exact amount. A tax escalation clause is the only circumstance in which the lease will not include the exact amount.
David is the co-founder & CMO of , best-selling author, legal CLE speaker and real estate investor. When he’s not hanging out with his three kids, he’s writing articles here!
Do you want to grow your portfolio and earn more money? Get a demo of the property management software to learn more. Typically, Massachusetts Lease Agreements are designed to document the terms and rent details associated with a new tenancy. Making this document can make it easier for both parties to avoid disagreements down the road. You can tap or click the button labeled “Make a document” to check out the sample Massachusetts Lease Agreement and see what information you’ll need to provide to construct your lease. Suitable for renting any type of residential property, this rental agreement for Massachusetts can be used by any property owner in Boston, Worcester, Springfield, or any additional municipality located in the Bay State.
This Lease Agreement (the “Agreement”) is made and entered into on (the “Effective Date”) by and between (the “Landlord”) and the following tenants:
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. Property. Landlord, in consideration of the rents provided in this Agreement, rents to Tenant a house.
Tenant will vacate the Premises upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) required by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than overdue Rent), in which case a month-to-month tenancy will be created, which either party may terminate. All other terms and conditions of this Agreement will remain in full force and effect. .
. rent There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days’ written notice to Tenant.
Tenant agrees to send rent payments by one of the above methods. In the event of roommates, or other form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and sending a single payment to Landlord. Renter is responsible for any payment made by mail and not received by the due date stated herein. Sent payments must be received on or before the due date. Rents for any partial month will be prorated at the rate of 1/30 of the monthly rent per day.
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. Failure to Pay Tenant is hereby notified that a negative credit report considering Tenant’s credit history may be sent to a credit reporting agency if Tenant fails to meet the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
. Occupiers The only persons who may live on the Property during the term of this Agreement are:
Tenant may have guests on the Property for no more than consecutive days or days in a calendar year, and no more than two guests per bedroom at any time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original residents of the Property. Tenant must obtain Landlord’s prior written approval if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year. Landlord reserves the right to terminate this Agreement should the additional occupants cause the dwelling to be overcrowded under the Massachusetts State Sanitary Code.
. Possession. Tenant shall be entitled to possession of the Property on the first day of the term of this Agreement, and shall cede possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. The Tenant shall maintain the Property in a clean and tidy condition and shall at all times comply with the duties of an occupant pursuant to Article II of the Massachusetts State Sanitary Code. At the expiration of the term, Tenant shall remove its goods and effects and peacefully surrender the Property to Landlord in as good a condition as when delivered to Tenant, except for ordinary wear and tear.
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. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential unit. Tenant will notify Landlord of any anticipated extended absence from the Premises no later than the first day of the extended absence.
No retail, commercial or professional use of the Premises is permitted unless Tenant receives Landlord’s prior written consent and such use complies with applicable zoning laws. In such case, Landlord may require Tenant to obtain liability insurance for Landlord’s benefit. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
Failure to comply with the provisions of this section will constitute a material breach of this Agreement and is just cause for eviction.
. Storage. Any personal property stored in the common areas of the Property will be removed without notice.
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. Roof/Fire Escapes. Use of the roof and/or the fire escapes
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