RE99R25: Residential Rental - Landlord/Tenant Issues - Part 2 Revised CE Course

This course builds upon Part 1 of the Residential Rental series and focuses on legal responsibilities, best practices, and risk management for real estate licensees representing landlords in Massachusetts.

Instructor: It is the responsibility of the instructor to be sure all information is up to date and current.

Course Description:  This course builds upon Part 1 of the Residential Rental series and focuses on legal responsibilities, best practices, and risk management for real estate licensees representing landlords in Massachusetts. The course offers detailed guidance on lease agreements, deposits, tenant terminations, and common legal violations. Emphasis is placed on state laws, consumer protection, and landlord obligations in ensuring safe, fair, and compliant rental practices.

I. Lease Agreements

Objective: Equip licensees with the knowledge of lease agreements, distinguish valid contract elements, and ensure compliance with legal requirements.

1. Written vs. oral leases
   1. Legal validity and enforceability
   2. Benefits and risks of oral agreements
      1. Offer and acceptance
      2. Consideration
      3. Legal capacity of parties
      4. Lawful purpose
      5. Estate for years vs. tenancy at will
      6. Statute of Frauds for leases over one year
      7. Acknowledgement and recordation for leases of seven or more years
      8. 99-year commercial leases
      9. Right of quiet enjoyment
      10. Utility and water metering disclosures (M.G.L. c. 186, §22)
      11. Escalation clauses and late payment fees
      12. Responsibility for services and repairs
      13. Utilities
      14. Landlord access rights
      15. Limitations and lawful purpose
      16. Reasonable notice required (M.G.L. c. 186, §15B)
2. Requirements of a valid lease contract
3. Term lengths
4. Key lease provisions
5. Landlord access rights
6. Rent withholding and repair-and-deduct rights
   1. Legal basis and documentation
      • Tenants may withhold rent when conditions violate the State Sanitary Code.
      • Landlord must receive notice and reasonable opportunity to cure.
      • Repair-and-deduct requires proper notice and receipts.
      • Written documentation is critical.
      • Improper retaliation may trigger liability under M.G.L. c. 93A.
7. Prohibited lease provisions
   • Waiver of tenant legal rights
   • Exemptions from building or safety code compliance
   • Familial status discrimination
   • Hold-harmless clauses for landlord negligence
   • Unreasonable access requirements
   • Waivers of habitability or essential services
   • Unauthorized utility transfers
8. Retaliatory actions by landlords (M.G.L. c. 186, §18)
   • Rent increases, service reductions, eviction, or nonrenewal
   • Presumed retaliation within six months of protected activity
   • Documentation required for both tenants and landlords
   • Violations may result in damages and attorney fees under M.G.L. c. 93A

II. Deposits and Fees

Objective: Enable licensees to manage deposits and rent payments in compliance with Massachusetts law.

1. Maximum legal deposits (M.G.L. c. 186, §15B)
2. Prohibited deposits
3. Deposits related to disability accommodations
4. Transfer of deposits
5. Security deposits
   1. Unpaid rent
   2. Damage beyond normal wear and tear
   3. Unpaid real estate taxes if specified
   4. No cleaning fees permitted
6. Last month’s rent

III. Terminating Tenancies and Summary Process

Objective: Explain lawful tenancy termination, eviction procedures, and eviction sealing laws.

1. Tenancy termination types
2. Termination of tenancy at will
3. Notices to quit
4. Prohibited eviction practices
5. Summary process procedures
6. Handling abandoned property (M.G.L. c. 271 of the Acts of 2004)
7. Eviction record sealing (effective May 2025)

IV. Landlord Liability and Legal Violations

Objective: Identify actions and conditions creating landlord liability.

1. Unsafe property conditions
2. Failure to reimburse authorized repairs
3. Housing code violations
4. Improper payment demands
5. Unclear lease agreements
6. Denial of access without court order
7. Interest abuse
8. Failure to disclose fees or penalties
9. Violations of quiet enjoyment

V. Consumer Protection and Fair Business Practices

Objective: Prevent unfair or deceptive rental practices.

1. Violations of M.G.L. c. 93A and 940 CMR 3.17
2. Lease clarity and readability requirements
3. Violations of M.G.L. c. 186 as per se 93A violations

Important Cases for Discussion

• Boston Housing Authority v. Hemingway (1973)
• Berman & Sons, Inc. v. Jefferson (1979)
• Attorney General v. Brown (1987)
• Gnerre v. MCAD (1988)
• Attorney General v. Dime Savings Bank (1992)
• Cruz Management Co. v. Thomas (1994)
• Papadopoulos v. Target (2010)

Suggested Handouts

• Get the Lead Out program
• Sample lease and disclosure forms
• Landlord Rights & Responsibilities
• Tenant Rights & Responsibilities
• Legal Tactics: Tenants’ Rights in Massachusetts

Authority

• M.G.L. c. 112, §§ 87PP–87DDD½
• 254 CMR §§ 2.00–7.00
• M.G.L. c. 186
• M.G.L. c. 111 (lead)
• 105 CMR 410
• M.G.L. c. 93A

Duration: 2 hours
Audience: Massachusetts licensed real estate brokers and salespersons
Method: Lecture, case study, discussion

Last updated:	November 25, 2025