Before You Rent Out Your Property

You should inspect an apartment before you rent it. To ensure that the apartment is in good condition, check for any damage. In certain situations, you are required to have the local Board of Health inspect the apartment and ensure that it meets safety standards and conforms to the State Sanitary Code before re-renting.

It is a good business decision to do so at all times, regardless of whether it is necessary. Because anticipating and solving problems before they become major problems is crucial to the smooth, profitable, and cost-effective operation of residential properties.

When the Board of Health inspects an apartment, ensure that the inspector signs off once all violations have been rectified. If a tenant claims that there are any problems in the apartment, the sign-off acts as a violation-free baseline.

• Screening Prospective Tenants

  Always run a credit check on the prospective tenant and check their rental history. It is important to confirm the current employment status, the potential for future employment, the prospects for staying with the employer, as well as landlord references, not only from the current landlord but also from the tenant's landlord. You may also want to meet your tenants before you give final approval, especially if the rental is owner-occupied.

  Tenants should not pay more than 1/4 of their income in rent. However, tenants who offer co-signature from a parent or friend to ensure their rental obligation to them must be aware that it is difficult to enforce a guarantee given by someone outside of the state.

• Finder’s Fee

  A prospective tenant cannot be charged a finding fee by a landlord. (M.G.L. c. 112, SS 87DDD, and 254 C.M.R. SS 2.01 et seq.). A licensed broker or salesperson cannot lawfully charge a fee to bring together a landlord with a tenant.

Rent Collection

• Rent Increases

  Under the following circumstances, you can increase the rent for a non-subsidized unit.

  You must terminate a tenancy at your discretion and notify the tenant about the rent increase at the least 30 days before the effective date.

  A lease does not allow you to increase the rent of tenants after the terms have expired. A lease usually has a renewal deadline that must be followed when requesting a rent increase for a tenant.

  Remember: Rent increases can be complex. Before you attempt to increase rent, consult an attorney. Incorrectly increasing rent can lead to expensive, time-consuming, and unnecessary problems with your tenant.

• You Have The Right To Prompt Payment

  Unless otherwise agreed by you and the tenant, you have the right to collect the rent on the first day of each month. Massachusetts does not have a grace period. If the tenant fails to pay the rent on the first day of each month, you can send a notice to quit.

• Late Payment Penalty

  Rent paid after the due date is due cannot be charged late fees or penalties unless the rent has been paid within 30 days. Reverse penalties are also prohibited. Rent will be reduced by 10% if it is not paid within five days. You can be evicted if you pay rent within the grace period, but only one day late.

Tenancy Agreements Are Subject To Your Compliance

The terms of the tenancy must be adhered to by your tenant, regardless of whether they are written or oral. You have the right to terminate the tenancy and move to evict if the tenant violates the terms of the tenancy. Refer to Eviction.

You Have The Right To Enter The Apartment

A landlord can generally enter an apartment at reasonable times and with reasonable notice.

• Prospective tenants can be shown to the apartment by purchasers, lenders, or their agents

• To visit the premises

• To repair

• You must inspect the property within 30 days of the termination of the tenancy in order to determine the damages that will be taken from the security deposit

• If the premises seem abandoned

• In accordance with the Court order

Utilities

• Tenants may be required to pay their electricity and gas bills. This should be included in the written tenancy agreement. You could be held responsible for past utility bills if the tenant refuses or is unable to pay them.

• Water may be charged, but you must comply with certain legal requirements.

• Except for temporary repairs or emergencies, you cannot turn off the utilities.

• The utility company must notify tenants 30 days in advance if your account is shut down for non-payment. The tenant can be asked to pay a portion of the bill and have their rent deducted from that amount (M.G.L. c. 164. SS 124A–I).

Provide Habitable Premises

The State Sanitary Code requires that you provide a minimum of two living quarters and common areas to your tenants. This is in order to ensure the safety and health of your tenants as well as the general public.

• Heat: 

  Each apartment must have a heating system (or one that serves all apartments) that works properly. If the rental agreement does not specify otherwise, you are responsible for paying for fuel to heat, hot water and electricity. Heating season is September 16-June 14th. During this time, every room must be heated to a minimum of 68°F, not more than 78°F from 7:00 a.m. until 11:00 p.m. and 64°F during all other hours.

• Kitchens: 

  All kitchens must have a sink that can wash dishes and utensils. They also need a stove, oven, and an electrical connection to allow for the installation of a fridge. A refrigerator is not mandatory, but it is recommended that you keep it in good condition.

• Water: 

  If your new tenant meets certain legal requirements, they may be charged for water consumption. Your tenants must be billed separately and you are still responsible to pay the water and sewer bills. For the required forms, landlords should contact Massachusetts Department of Public Health before installing separate water meters. If the written tenancy agreement does not state otherwise, landlords must still provide heating water at temperatures between 110@F to 130@F.

• Infestation: 

  Apartments and common areas must be kept free from pests, insects and rodents.

• Structural Elements: 

  It is your responsibility to maintain the foundation, floors and walls, doors, windows and ceilings, roofs, roofs, roofs, porches, chimneys, and other structural elements to keep them out of harm's way.

• Maintenance and Cleaning of Exits: 

  Every exit that is used by or intended to be used by the building's inhabitants must be kept clean and free from snow, trash, and any other obstructions.