GENERAL LAWS OF
MASSACHUSETTS
PART II.
REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS.
TITLE I.
TITLE TO REAL PROPERTY.
Long term interests; treatment as freeholder.
If land is demised for the term of one
hundred years or more, the term shall, so long as fifty years
thereof remain unexpired, be regarded as an estate in fee simple as
to everything concerning the descent and devise thereof, upon the
decease of the owner, the right of dower as defined in section one
of chapter one hundred and eighty-nine therein, the sale thereof by
executors, administrators, guardians, conservators or trustees, the
levy of execution thereon, and the redemption thereof if mortgaged
or taken on execution; and whoever holds as lessee or assignee under
such a lease shall, so long as fifty years of the term remain
unexpired, be regarded as a freeholder for all purposes. Title 1,
Part 2, Section 1.
Assignment of dower.
If dower as defined in section one of chapter
one hundred and eighty-nine is assigned out of such land, the
husband or widow and his or her assigns shall pay to the owner of
the unexpired residue of the term one third of the rent reserved in
the lease under which the wife or husband held the term. Title 1,
Part 2, Section 2.
Tenancy at sufferance; liability for rent.
Tenants at sufferance in possession of land
or tenements shall be liable to pay rent therefor for such time as
they may occupy or detain the same. Title 1, Part 2, Section 3.
Liability of tenant for rent for proportion of land in
possession.
A person in possession of land out of which
rent is due shall be liable for the amount or proportion of rent due
from the land in his possession although it is only a part of that
originally demised. Title 1, Part 2, Section 4.
Action to recover rent; evidence.
Such rent may be recovered in contract, and
the deed of demise or other written
instrument, if any, showing the provisions of the lease, may be
used in evidence by either party to prove the amount of rent due
from the defendant. Title 1, Part 2, Section 5.
Survival of action.
Such action may be brought by or against
executors and administrators for any arrears of rent accrued in the
lifetime of the deceased parties, respectively, in the same manner
as for debts due from or to the same parties in their lifetime on a
personal contract. Title 1, Part 2, Section 6.
Remedies of landlords.
The six preceding sections shall not deprive
landlords of any other legal remedy for the recovery of rents,
whether secured by lease or by law. Title 1, Part 2, Section
7.
Recovery of rent accruing before determination of lease.
If land is held by lease of a person having
an estate therein determinable on a life or on a contingency, and
such estate determines before the end of a period for which rent is
payable, or if an estate created by a written lease or an estate at
will is determined before the end of such period by surrender,
either express or by operation of law, by notice to quit for
non-payment of rent, or by the death of any party, the landlord or
his executor or administrator may recover in contract, a
proportional part of such rent according to the portion of the last
period for which such rent was accruing which had expired at such
determination. Title 1, Part 2, Section 8.
Recovery of rent paid in advance.
If, upon the determination of a tenancy, in
any manner mentioned in the preceding
section, before the end of a period for which rent is payable,
the rent therefor has been paid before such determination, a
proportionate part thereof, according to the portion of such period
then unexpired, may be recovered back in contract. Title 1,
Part 2, Section 9.
Rent as a necessary.
Debts for the rent of a dwelling house
occupied by the debtor or his family shall be considered as claims
for necessaries. Title 1, Part 2, Section 10.
Determination of lease for nonpayment of rent.
Upon the neglect or refusal to pay the rent
due under a written lease, fourteen days' notice to quit, given in
writing by the landlord to the tenant, shall be sufficient to
determine the lease, unless the tenant, on or before the day the
answer is due, in an action by the landlord to recover possession of
the premises, pays or tenders to the landlord or to his attorney all
rent then due, with interest and costs of suit. If the neglect or
refusal to pay the rent due was caused by a failure or delay of the
federal government, the commonwealth or any municipality, or any
departments, agencies or authorities thereof, in the mailing or
delivery of any subsistence or rental payment, check or voucher
other than a salary payment to either the tenant or the landlord,
the court in any such action shall continue the hearing not less
than seven days in order to furnish notice of such action to the
appropriate agency and shall, if all rent due with interest and
costs of suit has been tendered to the landlord within such time,
treat the tenancy as not having been terminated. Title 1, Part 2,
Section 11.
Termination of lease for nonpayment of rent.
Upon the neglect or refusal by the tenant to
pay the rent due under a written lease of premises for other than
dwelling purposes, the landlord shall be entitled to terminate the
lease either (i) in accordance with the provisions of the lease or
(ii) in the absence of such lease provisions, by at least fourteen
days notice to quit, given in writing to the tenant. If a landlord
terminates the lease by at least fourteen days notice pursuant to
clause (ii) of the preceding sentence, the tenant shall be entitled
to cure on or before the day the answer is due in any action
by the landlord to recover possession of the premises, by paying
or tendering to the landlord or to his attorney all rent then due,
with interest and costs of such action. The rights to cure provided
herein, shall apply only to termination pursuant to clause (ii) and
shall not apply to termination in accordance with the provisions of
the lease. Title 1, Part 2, Section 11A.
Notice to determine estate at will.
Estates at will may be determined by either
party by three months' notice in writing for that purpose given to
the other party; and, if the rent reserved is payable at periods of
less than three months, the time of such notice shall be sufficient
if it is equal to the interval between the days of payment or thirty
days, whichever is longer. Such written notice may include an offer
to establish a new tenancy for the same premises on terms different
from that of the tenancy being
terminated and the validity of such written notice shall not be
affected by the inclusion of such offer. In case of neglect or
refusal to pay the rent due from a tenant at will, fourteen days'
notice to quit, given in writing by the landlord to the tenant,
shall be sufficient to determine the tenancy; provided, that the
tenancy of a tenant who has not received a similar notice from the
landlord within the twelve months next preceding the receipt of such
notice shall not be determined if the
tenant, within ten days after the receipt thereof, pays or
tenders to the landlord, the landlord's attorney, or the person to
whom the tenant customarily pays rent, the full amount of any rent
due. Every notice to determine an estate at will for nonpayment of
rent shall contain the following notification to the tenant:
"If you have not received a notice to quit for nonpayment of
rent within the last twelve months, you have a right to prevent
termination of your tenancy by paying or
tendering to your landlord, your landlord's attorney or the
person to whom you customarily pay your rent the full amount of rent
due within ten days after your receipt of this notice." If any
notice to determine an estate at will for nonpayment of rent shall
fail to contain such notification, the time within which the tenant
receiving the notice would be entitled to pay or tender rent
pursuant to
this section shall be extended to the day the answer is due in
any action by the landlord to recover possession of the premises.
Failure to include such notice shall not otherwise affect the
validity of the said notice. If the neglect or refusal to pay the
rent due was caused by a failure or delay of the federal government,
the commonwealth or any municipality, or any departments, agencies
or authorities thereof, in the mailing or delivery of any
subsistence or rental payment,
check or voucher other than a salary payment to either the
tenant or the landlord, the court in any action for possession shall
continue the hearing not less than seven days in order to furnish
notice of such action to the appropriate agency and shall, if all
rent due with interest and costs of suit has been tendered to the
landlord within such time, treat the tenancy as not having been
terminated. Title 1, Part 2, Section 12.
Recovery of possession after termination of tenancy at
will.
Whenever a tenancy at will of premises
occupied for dwelling purposes, other than a room or rooms in a
hotel, is terminated, without fault of the tenant, either by
operation of law or by act of the landlord, except as provided in
section twelve, no action to recover possession of the premises
shall be brought, nor shall the tenant be dispossessed, until after
the expiration of a period, equal to the interval between the days
on which the rent reserved is payable or thirty days, whichever is
longer, from the time when the tenant receives notice in writing of
such termination; but such tenant shall be liable to pay rent for
such time during the said period as he occupies or retains the
premises, at the same rate as theretofore payable by him while a
tenant at will; provided, that in the case of a rooming house, an
action to recover possession of premises occupied for dwelling
purposes may be brought seven days after written notice if the rent
is payable on either a weekly or daily basis. A tenancy at will of
property occupied for dwelling purposes shall not be terminated by
operation of law by the conveyance, transfer or leasing of the
premises by the owner or landlord thereof. Title 1, Part 2,
Section 13.
Wrongful acts of lessor or landlord of buildings or
premises occupied for dwelling or residential purposes; criminal
penalties; civil remedies; jurisdiction; sections applicable to acts
of reprisal, waiver in leases or rental agreements prohibited.
Any lessor or landlord of any building or
part thereof occupied for dwelling
purposes, other than a room or rooms in a hotel, but including a
manufactured home or land therefor, who is required by law or by the
express or implied terms of any contract or lease or tenancy at will
to furnish water, hot water, heat, light, power, gas, elevator
service, telephone service, janitor service or refrigeration service
to any occupant of such building or part thereof,who willfully or
intentionally fails to furnish such water, hot water, heat, light,
power, gas, elevator service, telephone service, janitor service or
refrigeration service at any time when the same is
necessary to the proper or customary use of such building or
part thereof, or any lessor or landlord who directly or indirectly
interferes with the furnishing by another of such utilities or
services, or who transfers the responsibility for payment for any
utility services to the occupant without his knowledge or consent,
or any lessor or landlord who directly or indirectly interferes with
the quiet enjoyment of any residential premises by the occupant, or
who attempts to regain possession of such premises by force without
benefit of judicial process, shall be punished by a
fine of not less than twenty-five dollars nor more than three
hundred dollars, or by imprisonment for not more than six months.
Any person who commits any act in violation of this section shall
also be liable for actual and consequential damages or three month's
rent, whichever is greater, and the costs of the action, including a
reasonable attorney's fee, all of which may be applied in setoff to
or in recoupment against any claim for rent owed or owing. The
superior and district courts shall have jurisdiction in equity to
restrain violations of this section. The provisions of
section eighteen of chapter one hundred and eighty-six and
section two A of chapter two hundred and thirty-nine shall apply to
any act taken as a reprisal against any person for reporting or
proceeding against violations of this section. Any waiver of this
provision in any lease or other rental agreement, except with
respect to any restriction on the provision of a service specified
in this section imposed by the United States or any agency thereof
or the commonwealth or any agency or political subdivision thereof
and not resulting from the acts or omissions of the landlord
or lessor, and except for interruptions of any specified service
during the time required to perform necessary repairs to apparatus
necessary for the delivery of said service or interruptions
resulting from natural causes beyond the control of the lessor or
landlord, shall be void and unenforceable. Title 1, Part 2, Section
14.
Provisions of lease or rental agreement pertaining to
non-liability of landlord.
Any provision of a lease or other rental
agreement relating to real property whereby a lessee or tenant
enters into a covenant, agreement or contract, by the use of any
words whatsoever, the effect of which is to indemnify the lessor or
landlord or hold the lessor or landlord harmless, or preclude or
exonerate the lessor or landlord from any or all liability to the
lessee or tenant, or to any other person, for any injury, loss,
damage or liability arising from any omission, fault, negligence or
other misconduct of the lessor or landlord on or about the leased or
rented premises or on or about any elevators, stairways, hallways or
other appurtenance used in connection therewith, shall be deemed to
be against public policy and void. Title 1, Part 2, Section 15.
Agreement to waive notices; effect upon lease.
Any provision of a lease or other rental
agreement relating to residential real
property whereby a lessee or tenant enters into a covenant,
agreement or contract, by the use of any words whatsoever, the
effect of which is to waive the notices required under section
eleven or twelve, shall be deemed to be against public policy and
void. Title 1, Part 2, Section 15A.
Entrance of premises prior to termination of lease;
payments; receipts; interest; records; security deposits.
(1)
(a) No lease relating to residential real property shall contain
a provision that a lessor may, except to inspect the premises, to
make repairs thereto or to show the same to a prospective tenant,
purchaser, mortgagee or its agents, enter the premises before the
termination date of such lease. A lessor may, however, enter such
premises:
(i) in accordance with a court order;
(ii) if the premises appear to have been abandoned by the
lessee; or
(iii) to inspect, within the last thirty days of the tenancy
or after either party has given notice to the other of intention to
terminate the tenancy, the premises for the purpose of determining
the amount of damage, if any, to the premises which would be cause
for deduction from any security deposit held by the lessor pursuant
to this section.
(b) At or prior to the commencement of any tenancy, no lessor
may require a tenant or prospective tenant to pay any amount in
excess of the following:
(i) rent for the first full month of occupancy; and,
(ii) rent for the last full month of occupancy calculated at
the same rate as the first month; and,
(iii) a security deposit equal to the first month's rent
provided that such security deposit is deposited as required by
subsection (3) and that the tenant is given the statement of
condition as required by subsection (2); and,
(iv) the purchase and installation cost for a key and lock.
(c) No lease or other rental agreement shall impose any interest
or penalty for failure to pay rent until thirty days after such rent
shall have been due.
(d) No lessor or successor in interest shall at any time
subsequent to the commencement of a tenancy demand rent in advance
in excess of the current month's rent or a security deposit in
excess of the amount allowed by this section. The payment in advance
for occupancy pursuant to this section shall be binding upon all
successors in interest.
(e) A security deposit shall continue to be the property of
the tenant making such deposit, shall not be commingled with the
assets of the lessor, and shall not be subject to the claims of any
creditor of the lessor or of the lessor's successor in interest,
including a foreclosing mortgagee or trustee in bankruptcy;
provided, however, that the tenant shall be entitled to only such
interest as is provided for in subsection (3) (b).
(2)
(a) Any lessor or his agent who receives, at or prior to the
commencement of a tenancy, rent in advance for the last month of the
tenancy from a tenant or prospective tenant shall give to such
tenant or prospective tenant at the time of such advance payment a
receipt indicating the amount of such rent, the date on which it was
received, its intended application as rent for the last month of the
tenancy, the name of the person receiving it and, in the case of an
agent, the name of the lessor for whom the rent is received, and a
description of the rented or leased premises, and a statement
indicating that the tenant is entitled to interest on said rent
payment at the rate of five per cent per year or other such lesser
amount of interest as has been received from the bank where the
deposit has been held payable in accordance with the provisions of
this clause, and a statement indicating that the tenant should
provide the lessor with a forwarding address at the termination of
the tenancy indicating where such interest may be given or sent.
Any lessor or his agent who receives said rent in advance for
the last month of tenancy shall, beginning with the first day of
tenancy, pay interest at the rate of five per cent per year or other
such lesser amount of interest as has been received from the bank
where the deposit has been held. Such interest shall be paid over to
the tenant each year as provided in this clause; provided, however,
that in the event that the tenancy is terminated before the
anniversary date of such tenancy, the tenant shall receive all
accrued interest within thirty days of such termination. Interest
shall not accrue for the last month for which rent was paid in
advance. At the end of each year of tenancy, such lessor shall give
or send to the tenant from whom rent in advance was collected a
statement which shall indicate the amount payable by such lessor to
the tenant. The lessor shall at the same time give or send to such
tenant the interest which is due or shall notify the tenant that he
may deduct the interest from the next rental payment of such tenant.
If, after thirty days from the end of each year of the tenancy, the
tenant has not received said interest due or said notice to deduct
the interest from the next rental payment, the tenant may deduct
from his next rent payment the interest due.
If the lessor fails to pay any interest to which the tenant
is then entitled within thirty days after the termination of the
tenancy, the tenant upon proof of the same in an action against the
lessor shall be awarded damages in an amount equal to three times
the amount of interest to which the tenant is entitled, together
with court costs and reasonable attorneys fees.
(b) Any lessor or his agent who receives a security deposit
from a tenant or prospective tenant shall give said tenant or
prospective tenant at the time of receiving such security deposit a
receipt indicating the amount of such security deposit, the name of
the person receiving it and, in the case of an agent, the name of
the lessor for whom such security deposit is received, the date on
which it is received, and a description of the premises leased or
rented. Said receipt shall be signed by the person receiving the
security deposit.
(c) Any lessor of residential real property, or his agent,
who accepts a security deposit from a tenant or prospective tenant
shall, upon receipt of such security deposit, or within ten days
after commencement of the tenancy, whichever is later, furnish to
such tenant or prospective tenant a separate written statement of
the present condition of the premises to be leased or rented. Such
written statement shall also contain a comprehensive listing of any
damage then existing in the premises, including, but not limited to,
any violations of the state sanitary or state building codes
certified by a local board of health or building official or
adjudicated by a court and then existing in the premises. Such
statement shall be signed by the lessor or his agent and contain the
following notice in twelve-point bold-face type at the top of the
first page thereof:
"This is a statement of the condition of the premises you
have leased or rented. You should read it carefully in order to see
if it is correct. If it is correct you must sign it. This will show
that you agree that the list is correct and complete. If it is not
correct, you must attach a separate signed list of any damage which
you believe exists in the premises. This statement must be returned
to the lessor or his agent within fifteen days after you receive
this list or within fifteen days after you move in, whichever is
later. If you do not return this list, within the specified time
period, a court may later view your failure to return the list as
your agreement that the list is complete and correct in any suit
which you may bring to recover the security deposit."
If the tenant submits to the lessor or his agent a separate list
of damages, the lessor or his agent shall, within fifteen days of
receiving said separate list, return a copy of said list to the
tenant with either such lessor's signed agreement with the content
thereof or a clear statement of disagreement attached.
(d) Every lessor who accepts a security deposit shall
maintain a record of all such security deposits received which
contains the following information:ª
(i) a detailed description of any damage done to each of the
dwelling units or premises for which a security deposit has been
accepted, returned to any tenant thereof or for which the lessor has
brought suit against any tenant;
(ii) the date upon which the occupancy of the tenant or
tenants charged with such damage was terminated; and
(iii) whether repairs were performed to remedy such damage,
the dates of said repairs, the cost thereof, and receipts therefor.
Said record shall also include copies of any receipt or
statement of condition given to a tenant or prospective tenant as
required by this section.
Said record shall be available for inspection upon request of
a tenant or prospective tenant during normal business hours in the
office of the lessor or his agent. Upon a wrongful failure by the
lessor or his agent to make such record available for inspection by
a tenant or prospective tenant, said tenant or prospective tenant
shall be entitled to the immediate return of any amount paid in the
form of a security deposit together with any interest which has
accrued thereon.
The lessor or his agent shall maintain said record for each
dwelling unit or premises for which a security deposit was accepted
for a period of two years from the date of termination of the
tenancy or occupancy upon which the security deposit was
conditioned.
(3)
(a) Any security deposit received by such lessor shall be held
in a separate, interest-bearing account in a bank, located within
the commonwealth under such terms as will place such deposit beyond
the claim of creditors of the lessor, including a foreclosing
mortgagee or trustee in bankruptcy, and as will provide for its
transfer to a subsequent owner of said property. A receipt shall be
given to the tenant within thirty days after such deposit is
received by the lessor which receipt shall indicate the name and
location of the bank in which the security deposit has been
deposited and the amount and account number of said deposit. Failure
to comply with this paragraph shall entitle the tenant to immediate
return of the security deposit.
(b) A lessor of residential real property who holds a
security deposit pursuant to this section for a period of one year
or longer from the commencement of the term of the tenancy shall,
beginning with the first day of the tenancy, pay interest at the
rate of five per cent 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 as provided in this clause, provided, 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. Such interest shall be beyond the
claims of such lessor, except as provided for in this section. At
the end of each year of a tenancy, such lessor shall give or send to
the tenant from whom a security deposit has been received a
statement which shall indicate the name and address of the bank in
which the security deposit has been placed, the amount of the
deposit, the account number, and the amount of interest payable by
such lessor to the tenant. The lessor shall at the same time give or
send to each such tenant the
interest which is due or shall include with the statement
required by this clause a notification that the tenant may deduct
the interest from the tenant's next rental payment. If, after thirty
days from the end of each year of the tenancy, the tenant has not
received such notice or payment, the tenant may deduct from his next
rent payment the interest due.
(4) The lessor shall, within thirty days after the termination
of occupancy under a tenancy-at-will or the end of the tenancy as
specified in a valid written lease agreement, return to the tenant
the security deposit or any balance thereof; provided, however, that
the lessor may deduct from such security deposit for the following:
(i) any unpaid rent which has not been validly withheld or
deducted pursuant to the provisions of any special or general law
and
(ii) any unpaid increase in real estate taxes which the
tenant is obligated to pay pursuant to a tax escalation clause which
conforms to the requirements of section fifteen C; and
(iii) a reasonable amount necessary to repair any damage
caused to the dwelling unit by the tenant or any person under the
tenant's control or on the premises with the tenant's consent,
reasonable wear and tear excluded. In the case of such damage, the
lessor shall provide to the tenant within such thirty days an
itemized list of damages, sworn to by the lessor or his agent under
pains and penalties of perjury, itemizing in precise detail the
nature of the damage and of the repairs necessary to correct such
damage, and written evidence, such as estimates, bills, invoices or
receipts, indicating the actual or estimated cost thereof. No amount
shall be deducted from the security deposit for any damage to the
dwelling unit which was listed in the separate written statement of
the present condition of the premises which was required to be given
to the tenant prior to the execution of the lease or creation of the
tenancy pursuant to clause (c) of subsection (2) or any damages
listed in any separate list submitted by the tenant and signed by
the lessor or his agent pursuant to said clause (c), unless the
lessor subsequently repaired or caused to be repaired said damage
and can prove that the renewed damage was unrelated to the prior
damage and was caused by the tenant or by any person under the
tenant's control or on the premises with the tenant's consent.
Nothing in this section shall limit the right of a landlord to
recover from a tenant, who wilfully or maliciously destroys or
damages the real or personal property of said landlord, to the
forfeiture of a security deposit, when the cost of repairing or
replacing such property exceeds the amount of such security deposit.
No deduction may be made from the security deposit for any
purpose other than those set forth in this section.
(5) Whenever a lessor who receives a security deposit transfers
his interest in the dwelling unit for which the security deposit is
held, whether by sale, assignment, death, appointment of a receiver
or trustee in bankruptcy, or otherwise, the lessor shall transfer
such security deposit together with any interest which has accrued
thereon for the benefit of the tenant who made such security deposit
to his successor in interest, and said successor in interest shall
be liable for the retention and return of said security deposit in
accordance with the provisions of this section from the date upon
which said transfer is made; provided however, that the granting of
a mortgage on such premises shall not be a transfer of interest. The
successor in interest shall, within forty-five days from the date of
said transfer, notify the tenant who made such security deposit that
such security deposit was transferred to him and that he is holding
said security deposit. Such notice shall also contain the lessor's
name, business address, and business telephone number, and the name,
business address, and business telephone number of his agent, if
any. Said notice shall be in writing.
Upon such transfer, the lessor or his agent shall continue to
be liable with respect to the provisions of this section until:
(a) there has been a transfer of the amount of the security
deposit so held to the lessor's successor in interest and the tenant
has been notified in writing of the transfer and of the successor in
interest's name, business address, and business telephone number;
(b) there has been compliance with this clause by the
successor in interest; or
(c) the security deposit has been returned to the tenant.
In the event that the lessor fails to transfer said security
deposit to his successor an interest as required by this subsection
the successor in interest shall, without regard to the nature of the
transfer, assume liability for payment of the security deposit to
the tenant in accordance with the provisions of this section;
provided, however, that if the tenant still occupies the dwelling
unit for which the security deposit was given, said successor in
interest may satisfy such obligation by
granting the tenant free use and occupancy of the dwelling unit
for a period of time equivalent to that period of time for which the
dwelling unit could be leased or occupied if the security deposit
were deemed to be rent. The liability imposed by this paragraph
shall not apply to a city or town which acquires title to property
pursuant to chapter sixty or to a foreclosing mortgagee or a
mortgagee in possession which is a financial institution chartered
by the commonwealth or the United States. The term "rent",
as used in the preceding sentence, shall mean the periodic sum
paid by the tenant for the use and occupation of the dwelling
unit in accordance with the terms of his lease or other rental
agreement.
(6) The lessor shall forfeit his right to retain any portion
of the security deposit for any reason, or, in any action by a
tenant to recover a security deposit, to counterclaim for any damage
to the premises if he:
(a) fails to deposit such funds in an account as required by
subsection (3);
(b) fails to furnish to the tenant within thirty days after
the termination of the occupancy the itemized list of damages, if
any, in compliance with the provisions of this section;
(c) uses in any lease signed by the tenant any provision
which conflicts with any provision of this section and attempts to
enforce such provision or attempts to obtain from the tenant or
prospective tenant a waiver of any provision of this section;
(d) fails to transfer such security deposit to his successor
in interest or to otherwise comply with the provisions of subsection
(5) after he has succeeded to an interest in residential real
property;
or,
(e) fails to return to the tenant the security deposit or
balance thereof to which the tenant is entitled after deducting
therefrom any sums in accordance with the provisions of this
section, together with any interest thereon, within thirty days
after termination of the tenancy.
(7) If the lessor or his agent fails to comply with clauses (a),
(d), or (e) of subsection 6, 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 five per cent from the date when such payment became
due, together with court costs and reasonable attorney's fees.
(7A) Whenever a lessor who receives rent in advance for the
last month of tenancy transfers his interest in the dwelling unit
for which the rental advance was received, whether by sale,
assignment, death, appointment of a receiver or trustee in
bankruptcy, or otherwise, the lessor shall credit an amount equal to
such rental advance together with any interest which has accrued
thereon for the benefit of the tenant who made such rental advance,
to the successor in interest of such lessor, and said successor in
interest shall be liable for crediting the tenant with such rental
advance, and for paying all interest accrued thereon in accordance
with the provisions of this section from the date upon which said
transfer is made; provided, however, that the granting of a mortgage
on such premises shall not be deemed a transfer of interest. The
successor in interest shall, within forty-five days from the date of
said transfer, notify the tenant who made such rental advance that
such rental advance was so credited, and that such successor has
assumed responsibility therefor pursuant to the foregoing provision.
Such notice shall also contain the lessor's name, business address,
and business telephone number, and the name, business address, and
business telephone number of his agent, if any. Said notice shall be
in writing.
Upon such transfer, the lessor or his agent shall continue to
be liable with respect to the provisions of this section until:ª
(a) there has been a credit of the amount of the rental advance so
held to the lessor's successor in interest and the tenant has been
notified in writing of the transfer and of the successor in
interest's name, business address, and business telephone number;
(b) there has been compliance with this clause by the successor in
interest; or (c) the rental advance has been credited to the tenant
and all accrued interest has been paid thereon.
In the event that the lessor fails to credit said rental
advance to his successor in interest as required by this subsection,
the successor in interest shall, without regard to the nature of the
transfer, assume liability for crediting of the rental advance, and
payment of all interest thereon to the tenant in accordance with the
provisions of this section; provided, however, that if the tenant
still occupies the dwelling unit for which the rental advance was
given, said successor in interest may satisfy such obligation by
granting the tenant free use and occupancy of the dwelling unit for
a period of time equivalent to the period of time covered by the
rental advance. The liability imposed by this subsection shall not
apply to a city or town which acquires title to property pursuant to
chapter sixty or to a foreclosing mortgagee or a mortgagee in
possession which is a financial institution chartered by the
commonwealth or by the United States.
(8) Any provision of a lease which conflicts with any
provision of this section and any waiver by a tenant or prospective
tenant of any provision of this section shall be deemed to be
against public policy and therefore void and unenforceable.
(9) The provisions of this section 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. Title 1, Part 2, Section 15B.
Residential real estate, lease payments based on real estate
tax increases.
No lease relating to residential real estate
shall contain a provision which obligates a lessee to make payments
to the lessor on account of an increased real estate tax levied
during the term of the lease, unless such provision expressly sets
forth (1) that the lessee shall be obligated to pay only that
proportion of such increased tax as the unit leased by him bears to
the whole of the real estate so taxed, (2) the exact percentage of
any such increase which the lessee shall pay, and (3) that if the
lessor obtains an abatement of the real estate tax levied on the
whole of the real estate of which the unit leased by the lessee is a
part, a proportionate share of such abatement, less reasonable
attorney's fees, if any, shall be refunded to said lessee. Any
provision of a lease in violation of the provisions of this section
shall be deemed to be against public policy and void.
If the exact percentage of any such
increased tax contained in such a provision is found to exceed that
proportion of such increased tax as the lessee's unit bears to the
whole of the real estate so taxed, then the lessor shall return to
the lessee that amount of the tax payment collected from the lessee
which exceeded the lessee's proportionate share of the increased
tax, plus interest calculated at the rate of five per cent per year
from the date of collection. Title 1, Part 2, Section 15C.
Delivery of copy of lease to lessee; penalty; waiver
prohibited.
A lessor who has agreed orally to execute a
lease and obtains the signature of the lessee shall, within thirty
days thereafter, deliver a copy of said lease to the lessee, duly
signed and executed by said lessor. Whoever violates any provision
of this section shall be punished by a fine of not more than three
hundred dollars. Any waiver of this provision in any lease or other
rental agreement shall be void and unenforceable. Title 1, Part 2,
Section 15D.
Action against property owner by lessee sustaining injury
caused by defect in common area; certain defense barred, waiver in
lease or other rental agreement prohibited.
An owner of a building shall be precluded
from raising as a defense in an action
brought by a lessee, tenant or occupant of said building who has
sustained an injury caused by a defect in a common area, that said
defect existed at the time of the letting of the property, if said
defect is at the time of the injury a violation of the building code
of the city or town wherein the property is situated. Any waiver of
this provision in any lease or other rental agreement shall be void
and unenforceable. Title 1, Part 2, Section 15E.
Certain provisions of lease or rental agreement relating
to residential real property as to litigation and liability of
landlord deemed void; remedies of tenant.
Any provision of a lease or other rental
agreement relating to residential real
property whereby the tenant agrees to waive his right to trial
by jury in any subsequent litigation with the landlord, or agrees
that no action or failure to act by the landlord shall be construed
as a constructive eviction, shall be deemed to be against public
policy and void.
If a tenant is removed from the premises
or excluded therefrom by the landlord or his agent except pursuant
to a valid court order, the tenant may recover possession or
terminate the rental agreement and, in either case, recover three
months' rent or three times the damages sustained by him, and the
cost of suit, including reasonable attorney's fees.
Any agreement or understanding between a
landlord and a tenant which purports to exempt the landlord from any
liability imposed by this section shall be deemed to be against
public policy and void. Title 1, Part 2, Section 15F.
Provisions of lease or rental agreement pertaining to
children.
Any provision of a lease or other rental
agreement relating to real property whereby a lessee or tenant
enters into a covenant, agreement or contract, by the use of any
words whatsoever, the effect of which is to terminate, or to provide
that the lessor or landlord may terminate, such lease or agreement
if the tenant has or shall have a child or children, who shall
occupy the premises covered by such lease or agreement, shall be
deemed to be against public policy and void. Title 1, Part 2,
Section 16.
Occupancy constituting tenancy at will; termination.
For the purposes of this chapter, chapter one
hundred and eleven and chapter two
hundred and thirty-nine, occupancy of a dwelling unit within
premises licensed as a rooming house or lodging house, except for
fraternities, sororities and dormitories of educational
institutions, for three consecutive months shall constitute a
tenancy at will; provided, however, that if the rent for occupancy
in such premises is payable either daily or weekly, seven days
written notice to the occupant shall be sufficient to terminate the
tenancy where the tenant is committing or permitting to exist a
nuisance in or is causing substantial damage to the rental unit, or
is creating substantial damage to the rental unit, or is creating a
substantial interference with the comfort, safety, or enjoyment of
the landlord or other occupants of the accommodation; and provided,
further, that the notice shall specify the nuisance or interference.
Occupancy of a dwelling unit within a rooming house or lodging
house, except for fraternities, sororities and dormitories of
educational institutions, for more than thirty consecutive days and
less than three
consecutive months, or within a fraternity, sorority or
dormitory of an educational institution for any length of time, may
only be terminated by seven days' notice in writing to the occupant
by the operator of such dwelling unit. Title 1, Part 2,
Section 17.
Reprisal for reporting violations of law or for tenant's
union activity; damages and costs; notice of termination,
presumption; waiver in leases or other rental agreements prohibited.
Any person or agent thereof who threatens to
or takes reprisals against any tenant of residential premises for
the tenant's act of, commencing, proceeding with, or obtaining
relief in any judicial or administrative action the purpose of which
action is to obtain damages under, or otherwise enforce, any
federal, state or local law, regulation, by-law or ordinance, which
has as its objective the regulation of residential premises; or
exercising the tenant's rights pursuant to section one hundred and
twenty-four D of chapter one hundred and sixty-four; or reporting to
the board of health or, in the city of Boston to the
commissioner of housing inspection or to any other board having as
its objective the regulation of residential premises a violation or
a suspected violation of any health or building code or of any other
municipal by-law or ordinance, or state or federal law or regulation
which has as its objective the regulation of residential premises;
or reporting or complaining of such violation or suspected violation
in writing to the
landlord or to the agent of the landlord; or for organizing or
joining a tenants' union or similar organization, or for making or
expressing an intention to make, a payment of rent to an
organization of unit owners pursuant to paragraph (c) of section six
of chapter one hundred and eighty-three A shall be liable for
damages which shall not be less than one month's rent or more than
three month's rent, or the actual damages sustained by the tenant,
whichever is greater, and the costs of the suit, including a
reasonable attorney's fee.
The receipt of any notice of termination
of tenancy, except for nonpayment of rent, or, of increase in rent,
or, of any substantial alteration in the terms of tenancy within six
months after the tenant has commenced, proceeded with, or obtained
relief in such action, exercised such rights, made such report or
complaint, or organized or joined such tenants' union or within six
months after any other person has taken such action or actions on
behalf of the tenant or in, or relating to, the building in which
the tenant resides, shall create a rebuttable presumption that such
notice or other action is a reprisal against the tenant for engaging
in such activities. Such presumption shall be rebutted only by clear
and convincing evidence that such person's action was not a reprisal
against the tenant and that such person had sufficient independent
justification for taking such action, and would have in fact taken
such action, in the same manner and at the same time the action was
taken, regardless of tenants engaging in, or the belief that tenants
had engaged in,
activities protected under this section.
Any waiver of this provision in any lease
or other rental agreement shall be void and unenforceable.
Title 1, Chap. 2, Section 18.
Notice to landlord of unsafe condition; tort actions for
injuries resulting from uncorrected condition.
A landlord or lessor of any real estate
except an owner-occupied two- or
three-family dwelling shall, within a reasonable time following
receipt of a written notice from a tenant forwarded by registered or
certified mail of an unsafe condition, not caused by the tenant, his
invitee, or any one occupying through or under the tenant, exercise
reasonable care to correct the unsafe condition described in said
notice except that such notice need not be given for unsafe
conditions in that portion of the premises not under control of the
tenant. The tenant or any
person rightfully on said premises injured as a result of the
failure to correct said unsafe condition within a reasonable time
shall have a right of action in tort against the landlord or lessor
for damages. Any waiver of this provision in any lease or other
rental agreement shall be void and unenforceable. The notice
requirement of this section shall be satisfied by a notice from a
board of health or other code enforcement agency to a landlord or
lessor of residential premises not exempted by the provisions of
this section of a violation of the state sanitary code or other
applicable by-laws, ordinances, rules or regulations.
Title 1, Part 2, Section 19.
Attorneys' fees in certain residential landlord-tenant
actions.
Whenever a lease of residential property
shall provide that in any action or summary proceeding the landlord
may recover attorneys' fees and expenses incurred as the result of
the failure of the tenant to perform any covenant or agreement
contained in such lease, or that amounts paid by the landlord
therefor shall be paid by the tenant as additional rent, there shall
be implied in such lease a covenant by the landlord to pay to the
tenant the reasonable attorneys' fees and expenses incurred by the
tenant as the result of the failure of the landlord to perform any
covenant or agreement on its part to be performed under the lease or
in the successful defense of any action or summary proceeding
commenced by the landlord against the tenant arising out of the
lease, and an agreement that such fees and expenses may be recovered
as provided by law in an action commenced against the landlord or by
way of counterclaim in any action or summary proceeding commenced by
the landlord against the tenant. Any waiver of this section shall be
void as against public policy. Title 1, Part 2, Section 20.
Disclosure of insurance information by lessor; violations;
waiver.
The landlord or lessor of any residential or
commercial property, upon the written request of any tenant or
lawful occupant, of any code or other law enforcement official or of
any official of the municipality in which the property is situated,
shall disclose in writing within fifteen days of such request the
name of the company insuring the property against loss or damage by
fire and the amount of insurance provided by each such company and
the name of and person who would receive payment for a loss covered
by such insurance. Whoever violates the provisions of this section
shall be punished by a fine of not more than five hundred dollars. A
waiver of this section in any lease or other rental agreement shall
be void and unenforceable. Title 1, Part 2, Section 21.
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