You're Have Tenant's Rights... Use Them!

Renters rights are not typically what students read about upon moving into their first (or even 5th) apartment. However, in order to protect yourself against neglectful landlords and hold your landlord accountable for what he/she is responsible for, you must know your rights. 

As Credit Advocates expands to Massachusetts, it acknowledges the over 200,000 students studying in and around Boston. To the students of Massachusetts and all others who are renting their home, these are your Tenants Rights... 


Finder's Fee
Only a licensed real estate broker or salesperson can charge you a fee for the purpose of finding an apartment. The amount due & the date must be disclosed to you prior to any transaction. There is no set fee - it's a contractual arrangement between the licensed broker or salesperson and you. 

Pre-payments 
Prior to moving in, the landlord can ONLY collect first & last months rent, one month's security deposit, and purchase & installation costs for a lock and key. 

Before Agreeing to a Tenancy (aka Singing a Lease) 

• Do not put money down unless you are 100% you want the apartment - although you may be legally entitled to the return of your money up until the landlord formally accepts you as a tenant, this money may be difficult to recover
• Calculate the anticipated costs of utilities 
• Know what is expected of you in terms of pre-payments or a finder's fee 
• Ensure the apartment is in acceptable conditions - put all agreements for repairs in writing
• Talk with perspective neighbors & previous tenants about the reputation of the landlord and management company 

Rental Agreements

According to state consumer protection regulations, a landlord must include the following in the written rental agreement: 

• Names, addresses, and telephone numbers of the owners and other people responsible for care, maintenance, and repairs on the property 
• Names, addresses, and telephone numbers of the person authorized to receive notices of violations of the law and to accept notice of a lawsuit on behalf of the owner (this is NOT YOU) 
• The amount of the security deposit and disclosure of the rights under the Security Deposit Law

If a landlord uses a lease that contains any provision that conflicts with the Security Deposit Law & attempts to enforce that provision or attempts to obtain from you or a perspective tenant a waiver of any provision of the Security Deposit Law, the landlord cannot keep your security deposit for any reason INCLUDING making deductions for damages. 

The landlord also MUST give you an executed copy of the rental agreement within 30 days of your signing it. You and your landlord may agree verbally to terms however you must legally have this in writing 

Security Deposits

Receipts 

Upon receiving last month's rent and/or a security deposit, the landlord must give you a receipt for each pre-payment. If the landlord collects last month's rent, he/she must give you a statement indicating that you are entitled to interest on this rent & that you should provide a forwarding address at the termination of tenancy where interest can be sent. 

Interest

The landlord must may interest on BOTH the security deposit and last month's rent. The payment of interest on the security deposit & last month's rent has been required by law since January 1, 1972 and April 1, 1984 respectively. 

Security Deposit 

You are entitled to either 5% interest or whatever lesser amount is received from the bank where the deposit has been held if you live in an apartment for a year or more. The law requires the landlord to hold a security deposit in a separate, interest-bearing account in a Massachusetts bank. The landlord must provide the tenant with the name and address of the bank holding the security deposit & the account number. Each year, the landlord must either pay the tenant the interest on the security deposit or let the tenant deduct that amount from a rent payment. 

The landlord should give the tenant a "statement of condition" within 10 days of receipt of the security deposit - this describes the condition of the apartment and any damage that exists at that time. 

The tenant then has 15 days to add to the "statement of condition" or make changes to it. 

When the tenancy ends, the landlord must return the security deposit, plus interest, WITHIN 30 DAYS. However, the landlord can keep any unpaid rent & the amount needed to repair damage done to the apartment (beyond normal wear & tear). 

If the landlord must keep all or a part of the security deposit for damages, then the landlord must give the tenant a written description of the damage and an estimate for the repair cost within 30 days from the time the tenant moves out. 

Check back for more information about Last Month's Rent, State Sanitary Code & the Condition of an Apartment, transfers of landlords & other housing topics. 

For all questions answered you can email rsimon@creditadvocates.org 

rsimon@creditadvocates.org | creditadvocates.org 

Protecting your rights begins by knowing your rights!