Landlord Tenant Law

Landlord tenant laws are important to those who rent apartments or homes, and those who live in those residences. These are the laws that determine the rights of each party in the different types of landlord tenant agreements.

There are three types of landlord tenant agreements in Massachusetts: tenancy under a lease, tenancy at will, and tenancy at sufferance. Here we will go over each one.

Tenancy Under a Lease (Lease)

Lease - an agreement between a landlord and tenant where the tenant will have possession of the property for a predetermined amount of time.

Requirements to a Valid Lease

1. The agreement must be written
2. Agreement must be signed by both parties
3. It must contain definite terms of length of tenancy (months/years)
4. Must also contain essential information (rent, due date, description of premises, etc.)

Termination of a Lease

1. Time determined on the lease agreement is up
2. Rent is not paid by the tenant (By law, the landlord must allow 14 days for the tenant to cure)
3. Breach of any other provision of the agreement
4. Unlawful use by the tenant
5. Surrender by the tenant
6. Wrongful eviction by the landlord
7. Loss of property by the landlord to one who has an interest in the property predating the lease.

Rights of the Landlord Upon Termination

1. Right to evict the tenant
2. Right to rent while the tenant remains
3. Right to recover for any damages the tenant may have caused

Transfer of Interest in a Lease

Tenant - The tenant may transfer their interest in a lease through a sublease, which is a new contract between the tenant and party who will be subleasing conveying the right to occupy the property. This may only be carried out if allowed by original contract between the landlord and tenant.

Landlord - The landlord transfers interest in a lease by sale or gift subject to the lease.

Tenancy at Will

A tenancy at will is an agreement where the tenant holds rightful possession of a piece of real estate without a lease.

Ways of Creating a Tenancy at Will

1. An oral agreement
2. Written agreement
3. After a failed attempt at a written lease
4. When the tenant remains after the termination of a lease with the landlord's consent
5. Where lease terminated by loss of property to someone who has interest pre-dating the lease. (Bank for example)

Termination of a Tenancy at Will

1. By the landlord at anytime for any reason or no reason with reasonable notice to the tenant (14 days for non-payment, or one rent period otherwise)
2. By tenant at anytime upon reasonable notice
3. Death of either party
4. By the sale of non-residential property.

Rights and Liabilities of Parties

1. To Eachother

a). look to lease or other agreement - parties can contract to anything so long as it's legal and that agreement controls.
b). If no agreement:

- Tenant must pay agreed rent
- Landlord pays taxes and keeps property insured
- Neither party is required to make repairs
- Tenant cannot commit waste
- Tenant cannot make illegal use of property
- Landlord cannot disturb tenant's possession and reasonably quiet enjoyment of the property

2. To Third Persons for Injuries Suffered

a) tenant is liable for injuries occurring in the area under his exclusive control if a result of his/her negligence
b) landlord is liable for injuries that occur in any common areas caused by his negligence. Tenant would not be liable unless proven that they caused the injury.

Tenancy at Sufferance

Tenancy at sufferance is a relationship created when one who had rightful possession of real estate no longer has it.

Rights: a reasonable time to remove his property, family and himself from the property. What is reasonable varies and will be determined by a judge in an eviction hearing.

Disclaimer: The information found on this site is not, and should not be considered, professional legal advice.
Always consult a professional before taking any sort of legal action.