A Guide to Massachusetts Rental Application Laws
Knowing the rental application process is a big deal for many who are dealing with it… or those who deal with it often, such as landlords and property owners. Generally speaking being familiar with your state and local laws is important throughout the process because many of these things are governed by local laws and can vary. Learning about Massachusetts rental application laws is pivotal to MA residents who want to make sure they are creating or reading a rental application that is within the regulations of their state… while also being valid on the national level.
When we oversee Boston MA property management, one of our most important roles is making sure every part of of the rental procedure is carried out without any issues with the applicable laws and regulations. It’s just what we do. While professional legal advice is needed at a certain point to make sure applications are done with the local and federal laws in mind, it can help to have an overview of what broadly the laws outline in regards to rental applications.
Table of Contents
- An Overview of Massachusetts Rental Application Laws
- What Landlords and Tenants Should Look For
- How Property Management Could Help
An Overview of Massachusetts Rental Application Laws
It’s important to note that Massachusetts rental application laws are designed to protect both tenants and landlords. They shouldn’t be thought of as something trying to get in the way of the process. They can be a good thing for everyone involved. They are meant to create a transparent process. However, there are strict guidelines about what can and cannot be asked… particularly regarding personal or sensitive information.
One of the most important aspects of the rental application process in Massachusetts is compliance with fair housing laws. Landlords must treat all applicants equally and avoid questions that could violate protections under Massachusetts or federal law. For example, it’s prohibited to ask about race, religion, national origin, family status, or disabilities. Massachusetts specifically also protects individuals from discrimination based on source of income, including those using government assistance or vouchers. This protected class varies, so it is important to note what they are in your state. In Massachusetts the protected classes include:
- Race
- Color
- National Origin
- Religion
- Sex
- Familial Status (i.e. children)
- Disability
- Source of Income (e.g. a Section 8 voucher)
- Sexual Orientation
- Gender Identity
- Age
- Marital Status
- Veteran or Active Military Status
- Genetic Information
Another topic that Massachusetts rental application laws address are fees. Landlords in Massachusetts are permitted to collect certain fees before tenancy, but the law limits these charges. Typically, landlords can request a first month’s rent, a last month’s rent, a security deposit (equal to one month’s rent), and the cost of a new lock and key. Charging application fees or other upfront costs beyond this is generally prohibited.
Finally, Massachusetts rental application laws allow landlords to perform background checks, including credit and criminal history screenings, as part of the application process. However, they must obtain the applicant’s written consent before proceeding. It’s also important for landlords to apply these checks consistently across all applicants to avoid allegations of bias.
What Landlords and Tenants Should Look For
There can be a ton to think about when it comes to Massachusetts rental application laws and the application process. It’s a lot! You’re not going to become an expert overnight. Although you should get legal help as part of that process, it doesn’t hurt to generally know the types of broad things to keep an eye on when a rental application is in front of you. Here are some of the general things to have in mind.
Discrimination – Landlords cannot ask questions or make decisions based on protected characteristics. As stated previously, Massachusetts laws strictly prohibit discrimination based on protected classes. And what that means varies based on the state. So take note and learn more about your particular state’s specific wording and verbiage.
Fees – Landlords can only charge certain fees when processing rental applications. Charging application fees or additional fees that are not strictly allowed is a big NO-NO in Massachusetts. So watch out.
Background Check Policies – Written consent is required for conducting background checks. If a landlord wants to run credit, criminal, or rental history screenings, they need to make sure they are going through the proper procedures. They are there for a reason.
Accuracy of Information Provided – Potential tenants should make sure that all details are correct to avoid delays or potential denials. Any inaccuracies could raise red flags during the review process.
Lease Terms and Conditions – Understanding lease terms tied to the application process is really important. Landlords may require applicants to agree to specific terms once approved, such as policies regarding pets, subletting, or maintenance responsibilities.
How Property Management Could Help
Carefully evaluating rental applications is important to finding qualified tenants. No one knows that more than us. However, when you own a lot of rental properties, looking over each applicant and screening each prospective tenant can be nearly impossible. Many busy rental property owners hire professional management to help them find tenants and maintain their properties. That’s where we come in.
Bay Property Management Group offers comprehensive rental management services in Boston, Baltimore, Philadelphia, Atlanta, Texas, Virginia, and Washington, DC. So, if you’re looking for help finding high-quality tenants, maintaining properties, and collecting rent payments, contact BMG today!
