In addition to the Breach of Warranty of Habitability, a breach of the Quite Enjoyment of the property, and demand letters and lawsuits under the Consumer Protection Act, Massachusetts landlords need to be wary of many other claims that may affect their livelihood. This article explores a number of those potential claims that operating as a landlord in Massachusetts exposes one to.

Security Deposit Law

Massachusetts law relative to security deposits is relatively easy to grasp, however, failing to follow it can lead to serious headaches not the least of which can be as the basis for or included in a consumer protection claim under Massachusetts Consumer Protection Act (Chapter 93A).

Negligence on the Landlord’s Part

A landlord, or nearly anyone else for that matter, can be sued for alleged negligence. Negligence, as a legal concept is based upon the duty that one party owes to another, a breach of that duty, the cause of that breach, and damages resulting from that breach. While beyond the scope of this article, generally negligence in the landlord-tenant context involves a situation where the landlord has failed to exercise reasonable care in the use and maintenance of the property where that action or omission results in injury to the tenant, an occupant, or children (even those uninvited on the property) in some cases.

Common Negligence Allegations

Failing to Repair

Where a Massachusetts landlord has expressly (in a lease typically) agreed to make repairs, then fails to do so or makes insufficient repairs, and the result of that failure or insufficiency involves injury caused by a condition that is dangerous and the landlord is aware of the condition. Another area of liability for landlords can arise where the repair itself is grossly negligent, when that repair is started by the landlord or his agent and the tenant suffers an injury. Lastly, where a landlord is aware of an unsafe condition that the tenant did not cause which causes a tenant an injury, the landlord may be liable unless that property is in an owner-occupied residence in a 2-3 family home.

Hidden Defect or Conditions

Sometimes an injury results from a condition or defect that is not readily known by the landlord, or that is known and has existed since the tenant began the lease or rental period. In such circumstances it is possible that the landlord may be liable under this legal theory.

Common Area Liability

Where a landlord knows about a defect or condition that exists in a common area of the building the landlord has liability for any injury occurring as a result. Liability for injuries to tenants may extend to any other area over which the landlord has exclusive control and where a code violation is also present.

Invasion of Privacy

Landlords, as always, must be acutely aware of the danger of exercising self-help, particularly in the residential property setting. A tenant’s privacy is a matter of serious concern for a Massachusetts court, and any interference with that privacy which is serious or substantial and unreasonable may result in damages being awarded to a tenant in Massachusetts.

Who Pays for Utilities?

Massachusetts law, the Sanitary Code specifically, makes it illegal for a landlord to require a tenant to put any utility bill in that tenant’s name without a written lease or rental agreement stating such. Failure on the part of a Massachusetts landlord to indicate the tenant’s responsibility to pay for utilities in the lease or rental agreement may give rise to a tenant claim of breach of the right to quiet enjoyment and any damages resulting from that breach.

The solution for landlords is simple with respect to paying for utilities. If a written agreement for the lease or rent exists, make sure that the language in that document clearly spells out the responsibility of the tenant to pay for utilities unless you (as the landlord) wish to pay for them.

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