Massachusetts Law About Landlord and Tenant
Best Bets
Legal Tactics, 7th ed., Annette R. Duke, editor, Massachusetts Law Reform Institute, 2008, (Includes forms). Just about the best book written on Massachusetts tenants' rights, now available on the web.
Live Justice, Legal Assistance Corporation of Central Massachusetts. Great resource for landlord/tenant issues. Offers a free e-mail service to get answers from attorneys for those who qualify (low income or over 60). Site also has a database of previously answered questions that provides answers to questions such as My landlord came into my apartment when I wasn't home. What should I do? and What do I need to do before I start withholding rent?
Massachusetts Laws
MGL c.186. Landlord-Tenant Law
MGL c. 93, s.114 Psychologically impacted Properties, . Sellers and brokers do not have to disclose to buyers or tenants the fact that a property is perceived to be tainted by the health of a previous occupant, a murder or suicide, or paranormal phenomena. However, they may not be deceitful in answers to questions about the property.
Massachusetts Regulations
105 CMR 410, State Sanitary Code Chapter II: Minimum Standards of Fitness for Habitation. Details all the key requirements for the property, including kitchens, bathrooms, electricity, ceiling height, and much much more.
105 CMR 410.400, Minimum Square Footage Per Person. Is your apartment big enough? Very detailed requirements for space per person.
940 CMR 3.17, Landlord-Tenant [Unfair and Deceptive Acts]. Specifies prohibited acts by landlords in the areas of conditions, notices, rental agreements, security deposits, evictions and more. Subsection (6)(e) outlines when a landlord may enter the tenant's home.
Selected Case Law
Nutt v. Florio, 75 Mass.App.Ct. 482 (2009). Liability for bite by tenant's dog. A dog bite victim sued the landlord of the owner of the dog, a pit bull. The court stated that the pitt bull is a breed "commonly known to be aggressive." "While the defendants may not be held strictly liable by virtue of Tiny's breed, knowledge of that breed and its propensities may properly be a factor to be considered in determining whether the defendants were negligent under common-law principles."
Forms
Other Web Sources
Attorney General's Guide to Landlord-Tenant Rights, Mass. Attorney General, June 2007. 20-page guide covers terms of a rental agreement, security deposits and other payments, sanitary code requirements, evictions and discrimination.
The Brothel Myth. Urban Legends Reference Page: College, Snopes.com. Explains the history of the myth, but suggests that no proof has ever been produced that a law exists anywhere which prohibits more than four or six unrelated females from living together under a "brothel law." "We routinely hear from students who are convinced their particular university lacks a sorority because of this non-existent law. Their vehemence aside, none have yet produce a copy of the statute they so firmly believe in, an act that would earn their city and institution of higher learning a measure of fame in the world of contemporary lore."
Can the Landlord Just Come In?, Donahue and Grolman, March 23, 2006. "An overview of how and when a landlord can come into your apartment." 
Every Landlord's Legal Guide, Nolo, 2006. Provides an overview of common landlord issues including preparing leases, security deposits, evictions and more. Requires Library Card for access.
Every Landlord's Tax Deduction Guide, Nolo, 2007.. A plain English tax guide for landlords which includes information on repairs, startup expenses, depreciation and more. Requires Library Card for access.
Every Tenant's Legal Guide, Nolo, 2007. Includes information on leases , security deposits, discrimination, privacy, eviction and more. Requires Library Card for access.
The Good Neighbors Handbook: A Guide for Boston Landlords and Tenants, City of Boston's Rental Housing Resource Center. A 78-page guide that covers finding an apartment, finding a tenant, roommates, information for students, security deposits, utilities, low-income housing, lodging houses, evictions, condominium conversion, fire and more. Explains the Boston zoning bylaw prohibiting more than four undergraduates from sharing an apartment in the city.
How to Be a Landlord in Massachusetts and Avoid Legal Trouble, A. Joseph Ross.
How to Be a Tenant in Massachusetts and Avoid Getting Ripped Off, A. Joseph Ross.
Keep Your Housing: A Guide to Help Massachusetts Tenants with Mental Health Issues Keep Their Housing, Mental Health Legal Advisors Committee, August 2006. Detailed guide to obtaining reasonable accommodation, with forms.
Landlord Rights and Responsibilities, Mass. Office of Consumer Affairs . Includes how to find tenants, security deposits, right of entry, evictions and more.
Leases and Rental Agreements, Nolo, 2005. Includes information on choosing the right tenant, preparing a lease or agreement, getting a tenant moved in, getting a tenant moved out and more. Requires Library Card for access.
Renters' Rights: The Basics, Nolo, 2007. Not specific to Massachusetts , includes information on leases and rental agreements, discrimination, roommates, privacy, security deposits and more. Requires Library Card for access.
Roommate Limitations in Boston: Text Amendment No. 346, Boston Zoning Commission, March 13, 2008. Changes the definitions in the Boston Zoning Code, so that five or more unrelated undergraduates may not share an apartment.
Roommate Resources:
- Renting With Others: Learn to Avoid Disputes Between Roommates or With the Landlord, Nolo.com.
- When a Roommate Leaves, Nolo.com.
- Adding a Roommate to the Lease or Rental Agreement, Nolo.com.
Safe and Sanitary Housing for Massachusetts Residents: Highlights of Chapter II of the State Sanitary Code, Mass. Secretary of the Commonwealth, Citizen Information Service.
The Tenant's Helper: A Handbook for Renters, 6th edition, Sept. 2006 , City of Somerville. This 66-page book covers the usual information, like security deposits and evictions, but also includes information on discrimination, roommates, and tenants' rights after the sale of a building. Great resource.
Tenants Facing Foreclosure, Mass. Legal Help. "Describes the foreclosure process, how to deal with these new owners, and how foreclosure affects your rights and responsibilities as a tenant." Provides key information, including eviction and how to get your security deposit back.
What Tenants in Foreclosed Buildings Should Know, City of Boston. Provides a list of basic tips and information for tenants.