ALWAYS READ YOUR LEASE BEFORE SIGNING. 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. If wording is unclear, ask for an explanation. 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.
*Under federal law, it is unlawful to refuse rental of any apartment because of race or color. Under state law, its 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. 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.
*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.
*Rent should always be paid on time. If it is not, 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.
*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.
*Evaluate the ease of contact and the response record of a non-resident "superintendent" to "after hours" emergencies.
*Talk with prospective neighbors concerning the competency and reputation of the landlord and/or management company.
*The landlord is required to pay 5% interest on both last month?s rent and security deposit (or the amount of interest the landlord actually receives from the bank if that is less). 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.
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 still entitled to all interest accrued on last month's rent. (interest does not accrue for the 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 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.
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.
*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