Learn about common landlord-tenant issues.
Guide Housing Court's guide to landlord-tenant issues
Table of Contents
In light of the ongoing and urgent public health concerns regarding the Coronavirus (COVID-19) pandemic, the Housing Court Department has made changes to its court operations and has compiled a list of frequently asked questions about its emergency measures in response to coronavirus (COVID-19). See Housing Court frequently asked questions in reference to COVID-19.
Additional Resources for COVID-19
Can a landlord remove a tenant who refuses to pay rent?
Please see Eviction for landlords for information on the eviction process.
Can I stop my tenant from causing damage to the apartment before or during an eviction case?
Yes. The landlord can seek equitable relief from the Housing Court to block a nuisance, either in an independent civil action or on a motion as part of a summary process case.
What are my rights as a tenant during the eviction process?
Please see Eviction for tenants.
How can I get an extension on a notice to quit? How can I contest a notice to quit?
Please see Respond to an eviction against you.
How long will I have to leave the apartment if the judge authorizes an execution for an eviction?
Can I charge the tenant for water?
It is generally the landlord’s responsibility to provide and pay for water for the dwelling.
However, G.L. c. 186 §22 authorizes water submetering in residential tenancies, except in public housing developments. The law allows a landlord to enter a written agreement with a residential tenant by which the landlord charges for water usage, if the landlord installs submetering equipment and water conservation devices for all faucets, shower heads, and toilets in the unit. The requirements of the law must be strictly observed.
G.L. c.186 §22(l) prohibits a landlord from shutting off or refusing water service to occupants on the basis of nonpayment of water usage charges.
For more information, see Mass. law about submetering water for tenants.
Can a tenant be required to pay for the electricity in common areas of the building?
Your landlord may require that you pay for common area lighting, but 105 CMR 410.254 requires that your landlord may do so only if:
- The building has less than than 4 units.
- There is a written agreement stating that you’re responsible for paying your unit’s electric service, to which the common area lighting is wired.
- The landlord informs the occupants of the other units that you’re paying for the lights in the common area.
Under the State Sanitary Code, 105 CMR §410.180 (water), §410.190 (hot water), §410.201 (heating fuel), and §410.354(A)-(C) (electricity and gas), the owner or landlord of rental housing is required to provide and pay for these essential utilities, unless there are separate meters for each unit and a written rental agreement that provides for payment by the occupant.
The Department of Public Utilities has established procedures, 220 C.M.R. §29.00, which allow electric and gas companies to credit tenants and bill owners of residential rental property for past utility service improperly billed to tenant customers.
My landlord turned off the heat, water, hot water, gas, or electric during the winter. Is there anything I can do to get it restored as quickly as possible?
You may come to court and file an application for a temporary restraining order to require that the landlord provide heat, water, hot water, gas, electric, or other utilities as required by law. The court will normally act on such a request the same day it is filed.
Am I entitled to interest on my last month’s rent or security deposit? When and how much?
Yes. On the anniversary date of payment of the last month’s rent or security deposit, at the rate of 5 percent per year or the actual rate of the bank’s escrow account.
What can I do if my landlord hasn’t properly held my security deposit?
Additional Resources for Security deposits
What can I do if my apartment has material defects?
- Withhold rent — G.L. c. 239 §8A authorizes rent withholding for material code violations that aren’t caused by you or anyone under your control and that the landlord knows about before you start to withhold your rent. The requirements of the law must be strictly observed.
- Other actions — You should first tell the landlord about the violations in writing. If this doesn’t work, you can contact your local board of health or inspectional services department and ask them to inspect the property. The inspector can cite the property, and if the landlord doesn’t comply with the order of the inspector, you or the board of health or the inspectional services department can bring your landlord to court.
Can my landlord enter my apartment when I’m not at home or without notice? When can my landlord inspect my apartment?
Unless it’s an emergency, a landlord can’t enter an apartment without the tenant’s permission or a court order.
The State Sanitary Code, 105 C.M.R. §410.810, requires that all occupants of residential housing give reasonable access to the landlord, his agents, and employees to make repairs so that the premises are in compliance with the State Sanitary Code. Under G.L. c. 186 §15B(1)(a), a lease for residential property can also provide that the landlord may enter to inspect the premises and/or show the property to a prospective tenant, purchaser, mortgagee, or their agents before the end date of the lease. The landlord also has the right to inspect the apartment within the last 30 days of the tenancy or after either party has given notice of intention to end the tenancy.
Where the landlord has the right to enter, reasonable notice (if possible, by appointment) must be given to the tenant that an entry will be made at a specific and reasonable time. If the landlord gives reasonable notice and has the right to enter, but the tenant unreasonably refuses entry, the landlord can seek an “access order” from the Housing Court.
My landlord threatened to change the locks to my apartment if I don't pay my rent arrearage. Can he do this?
No. As a tenant, you’re entitled to a notice to quit and a summary process summons and complaint for a hearing in court before the landlord can have you removed from the property. The landlord can't use self-help to evict a tenant.
Can my landlord raise my rent even if I don't agree with the increase?
A tenancy is a legal contract between the landlord and tenant, and it can’t be changed by one party alone. The landlord and tenant can agree to a rent increase by making a new legal contract, and payment of increased rent evidences a new contract. But as long as the tenant is paying the old contract rent, the landlord is not entitled to end the tenancy for not paying rent, and the landlord is not entitled to increased rent. If the tenant doesn’t agree to the rent increase, the landlord may end a tenancy-at-will by a general “30 days” written notice to quit, which may include an offer to establish a new tenancy at a higher rent. If the tenant doesn’t agree to the rent increase, the landlord may then file a summary process (eviction) case.
Additional Resources for Tenant rights
Going to court
I agreed to a payment schedule in court, but I can't afford to make the payments. What do I do now?
First, you should try to revise the payment schedule with the other party directly. If you’re able to do so, you should reduce your new agreement to writing, sign it yourself, and have the other party sign it, and file the signed document with the court. If the other side won’t agree, you may file a motion to ask the judge to modify the payment schedule after a hearing. However, you should be aware that a judge’s discretion to modify the agreement can be very limited.
I’m supposed to be in court for a hearing, but I can’t make it. What should I do?
At the earliest possible time, you should ask the other party to agree to “continue” (postpone) the case to a later date, and file your agreement with the court. If the other side won’t agree, you should file a motion for a postponement and have it heard before the hearing date. Otherwise, you may be defaulted and, in the case of a contempt hearing, a capias (writ) for your arrest may issue.