Archive for the ‘ Landlord Massachusetts ’ Category
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Deadline for Returning Security Deposits by State
The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage
Security Deposit Maximum: One month’s rent.
Deadline for Returning Security Deposit: 30 days after occupancy
Security Deposit Interest: For yearly leases, landlord must pay 5% interest per year, or other such lesser amount of interest as has been received from the bank where the deposit has been held payable to the tenant at the end of each year of the tenancy. Such interest shall be paid over to the tenant each year, however, that in the event that the tenancy is terminated before the anniversary date of the tenancy, the tenant shall receive all accrued interest within thirty days of such termination.
Separate Security Deposit Bank Account:
Required, the deposit shall be held in a separate, interest-bearing account in a bank, located within Massachusetts.
The deposit hall not be commingled with the assets of the landlord.
Statement of Condition: If collecting a deposit, within 10 days of move-in, landlord must provide a statement documenting the condition of the premises.
Move-Out Checklist/Itemized List of Damages and Charges: Yes, landlord must provide an itemized list of damages within 30 days after tenant departure. Landlord must itemizing in precise detail the nature of the damage and of the repairs necessary to correct such damage, and provide written evidence, such as estimates, bills, invoices or receipts, indicating the actual or estimated cost thereof.
Record Keeping of Deposit Withholding’s: Two years.
Receipt of Deposit: A receipt shall be given to the tenant within thirty days after the deposit is received. The receipt shall indicate the name and location of the bank in which it has been deposited and the amount and account number of said deposit.
Failure to Comply: If the landlord fails to comply with, the tenant shall be awarded damages in an amount equal to three times the amount of such security deposit or balance thereof to which the tenant is entitled plus interest at the rate of 5% from the date when such payment became due, together with court costs and reasonable attorney’s fees.
Exemptions: The provisions shall not apply to any lease, rental, occupancy or tenancy of one hundred days or less in duration which lease or rental is for a vacation or recreational purpose.
Lease, Rent & Fees:
Rent Is Due: No Statute
Rent Increase Notice: 30 days.
Rent Grace Period: 30 Days
Late Fees: Allowed
Prepaid Rent: First and last month’s rent is the maximum allowed to be collected at or prior to the commencement of any tenancy. Landlord must provide a receipt of any prepaid rent. Landlord must pay interest to the tenant on any prepaid rent: 5% interest per year, or other such lesser amount of interest as has been received from the bank where the prepaid rent has been held, payable to the tenant at the end of the tenancy.
Returned Check Fees: May not exceed $30.
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but it must be deposited with a clerk of the courts.
Tenant Allowed to Repair and Deduct Rent: Yes, but the tenant must give landlord 14 days written notice to repair the defect. A tenant may not deduct an amount greater than four months’ rent in any twelve-month period, or period of occupancy, whichever is shorter, from rent due to the owner.
Landlord Allowed to Recover Court and Attorney Fees: Yes
Landlord Must Make a Reasonable Attempt to Mitigate Damages, including an Attempt to Re-rent: No Statute
Notices and Entry:
Notice to Terminate Tenancy – Rental Lease with No End Date: If payment intervals are 3 month’s or longer, then 3 month’s notice is required.
Notice to Terminate Tenancy – Fixed End Date in Lease: No Statute. Typically no notice is needed as the lease simply expires.
Notice to Terminate Tenancy – Month-to-Month Lease: Equal to the interval between the days of payment or thirty days, whichever is longer.
Notice to Terminate Tenancy – Week-to-Week Lease: No Statute
Notice of Date/Time of Move-Out Inspection: No Statute
Notice of Termination of All Other Leases for Nonpayment: 14 days notice. Tenant can remedy or pay with interest during that time if tenant has not received a notice to quit for nonpayment of rent within the last twelve months.
Termination for Lease Violation: No Statute
Termination for Illegal Activity: Landlords may terminate a tenancy with no notice to the tenant if a unit was used for prostitution, illegal gambling, the illegal keeping or sale of alcoholic beverages, or the possession, sale, or manufacturing of illegal drugs, among other violations.
Required Notice before Entry: No Statute, but 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes
Entry Allowed with Notice for Showings: Yes
Emergency Entry Allowed without Notice: Yes
Entry Allowed During Tenant’s Extended Absence: No Statute
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No
Utility Shut-offs Allowed: No
Penalty for a Self-Help Eviction: If the landlord illegally evicts a tenant, the tenant may recover possession of the unit, or terminate the rental agreement and, in either case, recover three months’ rent or three times the damages sustained, and the cost of suit, including reasonable attorney’s fees.
Water: The landlord must provide the means for enough water and pressure to satisfy ordinary needs. Landlord also must provide the means to heat the water to 110F-130F degrees. Tenant may be responsible for the cost of water and fuel to heat it.
Heat: From September 16 to June 14, every room must be heated to at least 68º F between 7:00 AM and 11 PM, and at least 64º F at all other hours. Tenant may be responsible for the fuel/electricity to heat the unit.
Kitchen: 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 (unless your written lease requires you to provide your own), and space and proper facilities for the installation of a refrigerator. The landlord does not have to provide a refrigerator. If a refrigerator is provided, however, the landlord must keep it in working order.
Cockroaches and Rodents: The landlord must maintain the unit free from rodents, cockroaches, and insect infestation, if there are two or more apartments in the building.
Name and Addresses: Landlord must disclose the name and address of the property owner, anyone authorized to manage the property, amount of security deposit, and the tenant’s security deposit rights.
Disclosure of Insurance: Within 15 days of request by a tenant or government official, the landlord must provide the name of the property insurance company, the amount of insurance, and the name of any person who would receive payment for a loss covered by such insurance. Violation of this shall be punishable by a fine not more than $500.
Domestic Violence Situations:
Proof of Status: Landlord is entitled to verify claim of Domestic Violence status.
Termination of Lease: A tenant is allowed to terminate a lease with proof of Domestic Violence status, however the request to terminate must happen within 3 months from the incident date.
Landlord Cannot Terminate Lease: A landlord may not refuse to enter into a rental agreement based on the tenant’s or applicant’s or a household member’s status as a victim of domestic violence, or having previously terminated a lease or requested a lock change due to domestic violence.
Locks: Upon request, the landlord must change the locks or allow the tenant to change the locks to the dwelling at the tenant’s expense.
Retaliation: Landlord must not terminate a lease, refuse to renew a lease, or raise the rent to a tenant who has, exercised a legal right, filed an official complaint to a Government Authority, has been involved in a tenant’s organization, or has withheld rent for poor condition. Retaliation will be assumed if landlord responds negatively within 6 months of tenants action.
Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on Lead-based paint hazards.
Children: Landlord may not prohibit or restrict the occupancy of children.
Massachusetts Landlord Tenant Rental Applications