Boston Landlord Laws: All That You Need to Know
Being a landlord in any city can be a hefty task… Boston is no different. Boston landlord laws cover a lot… but they also work in tandem with other laws. It ends up being a bit of a web of regulations that landlords need to navigate. If you’re the tenant, you want to be familiar with a lot of the basics too. It benefits everyone to be familiar with all the various landlord-tenant laws in your own area… that is, if you’re renting or being a renter.
If you’re a property manager, you really need to be a bit of an expert on these matters. Our property managers in Boston need to be familiar with and be prepared to juggle all sorts of situations that relate to laws that interact with daily operations in the city. So what are the basics that Boston landlords (and tenants) might need to know in regards to the laws in that city? In this article, we will cover the following:
- An Overview of Boston Landlord Laws – We will go over a lot of the basics of the local laws.
- Key Things Boston Landlords Should Know – Then we will break them down into a number of the broad categories that the laws address so you have a handle on what types of things are regulated.
- How BMG Can Help You Navigate It All – Finally, we will discuss how hiring a professional property management company can be a huge lifesaver.
An Overview of Boston Landlord Laws
Landlord laws in Boston cover a lot of ground. If you’re renting out property in the city, you should know the basics. First off, rental agreements set the stage for a lot of Boston landlord laws. Whether it’s a fixed-term lease or a month-to-month agreement, this contract lays out the expectations between the landlord and tenant. Rent amount, due dates, and lease duration all get spelled out. Landlords should know what can and cannot be in a lease and know the terms inside and out.
Another big part of Boston landlord laws pertains to security deposits. Landlords can’t just collect a deposit and do whatever they want with it — it needs to go into a separate account… and in the case of this state, it needs to be a Massachusetts bank. The tenant gets a receipt with details on where their money is being held. When they move out, the landlord has 30 days to return the deposit, minus any deductions for damage. Deductions can only be for actual damage beyond normal wear and tear, not just general cleaning or upgrades.
Then there’s habitability laws. These are a part of Massachusetts and Boston landlord laws to make sure rental properties are safe and livable. Landlords are responsible for keeping units in good shape, handling repairs, providing heat in the winter, making sure there are no pest infestations… a number of things are covered in Massachusetts habitability laws so that landlords can’t neglect a lot of basic things. If a unit isn’t up to code, tenants have options. Letting things slide can lead to serious fines and legal trouble.
So, are there any Boston landlord laws that are specific to that city? Sure. The Boston Housing Code includes extra safety and maintenance regulations… this means things like occupancy limits, fire safety rules, and ventilation requirements. The city’s Inspectional Services Department makes sure landlords follow these rules, and they take tenant complaints seriously. If a landlord ignores issues, Boston can step in and force repairs or even fine the property owner. Renting out property in Boston means keeping up with both state and city laws, but staying on top of it helps avoid legal headaches down the road.
Key Things Boston Landlords Should Know
What are some of the main things to know? Well, it helps to break it down into some of the big categories that the laws cover. Let’s jump into them now.
- Rental Agreements – Rental agreements can be either lease-based or at-will, in Massachusetts and most other places. A lease typically spans a set period, like a year. An at-will agreement, however, continues indefinitely until either party decides to terminate it. Boston landlord laws generally address the flexibility of rental agreements and whether certain terms can be defined in it and what terms are set by regulations and can’t be determined by something in a rental agreement.
- Security Deposits – Landlords are permitted to collect a security deposit up to one month’s rent. This deposit must be placed in a separate, interest-bearing account, and landlords are required to provide tenants with a receipt detailing the bank’s name, address, and account number.
- Property Maintenance – The Massachusetts State Sanitary Code mandates that rental properties meet specific health and safety standards. This includes maintaining structural integrity, minimum sanitation requirements, and providing essential utilities like heating and water.
Entry to Property – While Massachusetts law doesn’t specify an exact notice period for landlords to enter a rental unit, it’s customary to provide advance notice for non-emergency situations, such as repairs or inspections, to respect tenant privacy. - Eviction Procedures – To evict a tenant, landlords must follow a legal process that begins with a 14-day or 30-day Notice to Quit, depending on the reason for eviction. Following this notice, a civil action must be filed, and a court judgment obtained before a tenant can be removed.
- Boston-Specific Regulations – Beyond state laws, Boston enforces additional housing codes. For instance, each unit must provide at least 150 square feet for the first occupant and an additional 100 square feet for each subsequent occupant. The city also has specific requirements for ventilation, lighting, and fire safety to ensure tenant well-being.
How BMG Can Help You Navigate It All
Whether federal, state, or local landlord laws, it can be challenging for property owners to keep up. It becomes a web of regulations that may be important but also become a lot to keep track of. And you need to always keep in mind that ignorance is not a viable defense for not knowing the law, however complicated it may be. Landlords should know their stuff.
That’s why looking to the professionals becomes a huge benefit. Hiring a professional property management company provides owners peace of mind that the daily operations are taken care of, including staying legally compliant. At Bay Property Management Group, our team of highly trained staff remains current on changing legal matters in Boston and wherever our property may be. Give us a call! We provide rental management in Boston, Philadelphia, Baltimore, Virginia, Georgia, Texas, and elsewhere.
