If you are a landlord in Massachusetts, whether for a single unit, a multi-family tenement home, or for a large property, you want to take a moment to read this article to get your bearings as to what to avoid doing as a landlord.

What to Do and Not to Do as a Landlord in Massachusetts

Avoid Self-Help

In Massachusetts, as a landlord, you do not have the option to enter the premises of a tenant without their permission, unless entry is to assess the need for emergency repair such that any damage could extend to multiple units or the building as a whole (think smoke, fire, flooding, etc.), or where you reasonably believe that the tenant has abandoned the building. Still, even in such cases, you should consult with an attorney prior to acting.

Criminal Activity

The previous paragraph on the subject of avoiding self help could not be more important for today’s Massachusetts landlord because entry into a tenant’s apartment may be criminal. Except in verifiable emergencies where you will have demonstrable evidence that entry is necessary, it is never a good idea to enter into a tenant’s apartment, in my opinion. Even in verifiable emergencies, you may later have to face a judge who might believe that you have overreacted in making such an entry. Be sure to think carefully, and if at all possible consult an attorney prior to taking action.

Don’t Change Locks

Another activity that will really raise the ire of a Massachusetts judge is to change the locks on a tenant when they do not pay you rent, or for any other reason that is not expressly permitted by the tenant.

Avoid Confrontation

While I, as an attorney, generally do not mind confrontation as it is part of my work, it is not a good idea to confront your tenant verbally. Criminal complaints can be filed against a landlord who physically attacks a tenant in Massachusetts, it is unwise to risk such a complaint when there are other more efficient methods to be used. Instead of confronting an errant tenant, keep your communication to writing. I would even suggest that you should go so far as to serve the client with a sheriff if things have degraded to the point that you think they will misrepresent receipt of any correspondence, or just to take that extra step.

Keep Your Building within the Provisions of the Sanitary Code

A landlord in Massachusetts is exposed to a lawsuit based on violations of the Sanitary Code. Since it only costs a tenant $2 to petition for Sanitary Code enforcement, make sure you understand the code and abide by it to avoid such an inquiry. A court can and will order a Massachusetts landlord that is in violation of the Sanitary Code to make necessary repairs and even reimburse a tenant for rent based upon failure to honor the Sanitary Code.

Do Not Get Creative

For those of use with a creative streak and a righteous indignation at being mistreated, the temptation will exist to get creative in solving landlord-tenant problems. If you are a Massachusetts landlord please avoid “getting creative.” For example, do not disconnect a utility to the apartment, fail to fix something that then causes irritation to the tenant, or create unnecessary problems for the tenant. Taking any of the aforementioned actions may find you in front of a judge facing interference with the tenant’s Quiet Enjoyment.

It can be very frustrating as a landlord to handle a tenant who is flat out disrespecting or ignoring you. However, interfering with a tenant’s quiet enjoyment or right to use the property violates the law and can result in costly backlash in a housing court in the Commonwealth.

Eviction is a Matter of Timing

While you, as a landlord, certainly have a right to evict a tenant for failing to pay rent (under most circumstances), there exist specific rules as to how eviction is to be performed. Additionally, evicting a tenant, or raising the tenant’s rent could be seen by a housing court in Massachusetts as retaliation. A landlord risks appearing retaliatory when taking such action around the time that a tenant asks for repairs to the apartment (particularly if these are necessary repairs), files a report with the Board of Health or other administrative agency, withholds his or her rent due to conditions in the apartment, or joints a tenants’ organization.

Watch Out for the Demand Letter

Not inclusive of public housing or 2-3 family building where the landlord is one of the tenants, but in almost all other circumstances if you receive a demand letter please contact an attorney immediately. Demand letters must be responded to within a specific period of time and need to address specific aspects of a complaint according to Massachusetts law. Failing to respond appropriately to a demand letter may result in treble damage awards to the party raising the demand.

Security Deposit Rules

Multiple rules exist for landlords in possession of security deposits. Some of these rules also apply to last month’s rent when that amount of money has been received at move-in or early in the lease. Make sure you understand how and when interest is to be paid, and how to keep this money and appropriate records regarding the security deposit.

Do Not Discriminate

Discrimination can and does occur in housing. Be certain to avoid any and all discriminatory comments or activity or risk facing liability under anti-discrimination laws and regulations.

Notice of Lease

This paragraph applies only to leases of 7 years or more, or where there is an extension in the lease which auto-renews, or where options to renew or to extend exist but do not need the consent of the landlord. If you are a Massachusetts landlord and considering a lease of this nature the tenant may file a ‘Notice of Lease’ at the registry of deeds. Once filed, this notice makes it difficult for you, as the landlord, to sell your property during the lease period particularly if the new buyer has no interest in doing so.

Some of the problems that can occur with a Notice of Lease being recorded include where a lease is terminated prior to the end of the lease period the Notice of Lease may cloud title until expiration of the lease term. One way to potentially prevent this situation from occurring is to include lease provisions that address these issues regarding when the tenant can record a Notice of Lease, and the potential for the Landlord to obtain power of attorney to execute and record a Notice of Lease termination. Things get even more complicated in situations where amendments in the lease occur, when an assignment of sublease has occurred, or where a landlord has transferred or assigned its interest in the lease.

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