Test 16: Rental Property Regulations

The maximum rent the tenant is willing to pay

A notice of fee must include the amount of the fee, how and when the fee is to be paid, and whether the tenant will pay any portion of the fee if the tenant does not rent the property. The notice must be signed by the licensee and the prospective tenant and show the date the notice was given to the prospective tenant. The maximum amount of rent the prospective tenant is willing to pay is not required.

Five years

A notice of tenant fee disclosure must be retained for five years.

upon receipt of a deposit or within 10 days of the beginning of the rental term

A notice of the current condition of the rental protects the renter from being charged for preexisting conditions. It must be delivered upon receipt of a deposit or within 10 days of the beginning of the rental term.

Tenant Lead Law Notification

In residential property built before 1978 the tenant must be given the Tenant Lead Law Notification. If the other items pose known risks they must be disclosed, but there isn’t a specific state form.

100 days or less.

Some short term rentals are not subject to all of the usual residential rental rules. Property owners who rent property for vacation or recreational purposes for 100 days are exempt from security deposit rules.

30 days late.

A landlord must wait until a rent payment is 30 days late before charging a late fee. However, eviction proceedings can begin immediately.

14-day notice.

To evict for non-payment of rent a 14-day notice is required.

50% of the rental payment up to $3,000

Renters of a primary residence in Massachusetts are entitled to an income tax deduction from their adjusted gross income equal to 50% of rent paid to the landlord with a maximum deduction of $3,000. Of course, the person claiming the deduction must be an Massachusetts taxpayer.

Pet deposit

A rental deposit may not be used to secure payment for damages to the unit.

To make repairs or show the dwelling to a prospective tenant or buyer

A residential landlord may enter a tenant’s dwelling to make repairs or show the dwelling to a prospective tenant or buyer. In addition, the landlord may, enter if he or she has a court order allowing entrance, if the dwelling appears to be abandoned by the tenant, or if the landlord needs to inspect the dwelling for damages prior to the tenant vacating at the termination of the lease term.