What is a Tenancy?

In Massachusetts residential landlord-tenant law there are essentially two types of general tenancy categories; a tenancy based upon a lease, and a tenancy-at-will. Each type of tenancy is an expression of the relationship between the tenant and the landlord.

Massachusetts Tenancy Based Upon a Lease

This type of tenancy contains a lease, a written agreement between the landlord and tenant. A lease commits the landlord and the tenant, save for some exceptions to this rule, to the duration of the tenancy as agreed to by all parties to the residential lease. Absent some mutual change to the terms of the lease, the agreed upon rental rate cannot change for the entire period of the lease. Also, the landlord is not able to evict the tenant for the duration of the lease barring some failure on the tenant’s part to conform to the terms of the lease.

Massachusetts Tenancy-at-Will

When no lease is present, but a landlord and tenant relationship exists between the parties, the type of tenancy between the parties is considered a tenancy-at-will. The time limit of this relationship is not bound by any particular rules, that is, the tenancy last for as long as both parties want it to. Also, the relationship may not even be in writing, although if it is the agreement should at a minimum have the names of all parties involved, the amount of rent, and express some basic expectations of the tenant to be valid.

In a tenancy-at-will, by Massachusetts law, either party may end the tenancy by giving the other party a 30-day notice (or one month, whichever time period is longer) prior to the day that the rent is due. The rent in a tenancy-at-will is not restricted as it is in a lease in Massachusetts. A landlord can, therefore, increase the rent within the 30 day or one month period.

Basic Tenant’s Rights

While this paragraph does not describe all of the important rights that a tenant has in a tenancy agreement of either type, it does describe most of those rights.

The Right to Occupy

The right to occupy that is granted to a tenant in Massachusetts allows that tenant to have some degree of protection from others entering their premises. For example, the right to occupy allows the tenant to prevent the landlord from entering unless they either give permission to the landlord to do so, or some specific condition exists warranting entry by the landlord (see below).

The Right of Habitability

A tenant has a basic right to enjoy the safe and clean environment within which to live. Massachusetts courts are particularly tough on landlords that fail to maintain premises that are reasonably safe and clean. Most of the definitions of what constitutes a safe and clean environment can be found in the Massachusetts Sanitary Code.

Basic Landlord’s Rights

The Right to Be Paid

To be a landlord is to operate a business. Like any business, a landlord has a reasonable expectation of receiving payment for the provision of a safe and clean environment for his or her tenant. As the most basic level of business operation, a landlord must get paid and a failure by the tenant to pay the landlord is a breach of the lease for which eviction and a judgment in the favor of the landlord may be the remedy.

The Right to Enter the Premises

Barring consent on the part of the tenant, the landlord may not enter the tenant’s apartment in Massachusetts unless a mechanical or repair emergency exists which would have the potential to cause damage to the entire building. For example, a water leak, fire, smoke, or other event that causes serious concern that the entire building may be damaged may constitute a right to entry without permission. Additionally, landlords may enter the tenant’s premises when the is a reasonable belief that the tenant has abandoned the apartment. On the other hand, landlords must take care not to exercise Self-Help in residential landlord-tenant relationships. That is, the landlord must not use the cover story of concern about a repair or mechanical emergency, or abandonment without clear evidence of such for the purpose of getting access to the tenant’s premises to achieve some other goal.

Final Thoughts

The landlord-tenant relationship in the residential world can be complex. Contact an attorney for assistance with drafting or reviewing residential leases to ensure that your lease meets with the standards required by the state of Massachusetts.

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