Rental Agreements: According to state consumer protection regulations, a landlord must include the following in a written rental agreement:
The names, addresses and telephone numbers of the owners and other persons who are responsible for the care, maintenance and repair of the property;
The name, address and telephone number of the person authorized to receive notices of violations of law and to accept notice of lawsuit on behalf of the owner;
The amount of the security deposit and disclosure of rights under the Security Deposit Law.
You may want to meet the landlord of a small owner occupied building before you sign the agreement. This tends to foster a good and congenial relationship from the start.
The landlord also must give you an executed copy of this agreement within 30 days of your signing it. (940 CMR 3.17 (3)) You and the landlord may agree verbally to the terms of your tenancy. It is safer, however, to get all terms in writing.
Rental Agreements.
(a) It shall be unfair or deceptive act or practice for an owner to include in any rental agreement any term which:
1. Violates any law;
2. Fails to state clearly and conspicuously in the rental agreement the conditions upon which an automatic increase in rent shall be determined. Provided, however, that nothing contained in 940 CMR 3.17(3)(a)2. shall be deemed to invalidate an otherwise valid tax escalator clause;
3. Contains a penalty clause not in conformity with the provisions of M.G.L. c. 186, § 15B;
4. Contains a tax escalator clause not in conformity with the provisions of M.G.L. c. 186, § 15C;
(b) It shall be an unfair or deceptive practice for an owner to enter into a written rental agreement which fails to state fully and conspicuously, in simple and readily understandable language:
1. The names, addresses, and telephone numbers of the owner, and any other person who is responsible for the care, maintenance and repair of the property;
2. The name, address, and telephone number of the person authorized to receive notices of violations of law and to accept service of process on behalf of the owner;
3. The amount of the security deposit, if any; and that the owner must hold the security deposit in a separate, interest-bearing account and give to the tenant a receipt and notice of the bank and account number; that the owner must pay interest, at the end of each year of the tenancy, if the security deposit is held for one year or longer from the commencement of the tenancy; that the owner must submit to the tenant a separate written statement of the present condition of the premises, as required by law, and that, if the tenant disagrees with the owner's statement of condition, he/she must attach a separate list of any damage existing in the premises and return the statement to the owner; that the owner must, within thirty days after the end of the tenancy, return to the tenant the security deposit, with interest, less lawful deductions as provided in M.G.L. c. 186, § 15B; that if the owner deducts for damage to the premises, the owner shall provide to the tenant, an itemized list of such damage, and written evidence indicating the actual or estimated cost of repairs necessary to correct such damage; that no amount shall be deducted from the security deposit for any damage which was listed in the separate written statement of present condition or any damage listed in any separate list submitted by the tenant and signed by the owner or his agent; that, if the owner transfers the tenant's dwelling unit, the owner shall transfer the security deposit, with any accrued interest, to the owner's successor in interest for the benefit of the tenant.
(c) It shall be unfair and deceptive practice for an owner to fail to give the tenant an executed copy of any written rental agreement within 30 days of obtaining the signature of the tenant thereon.
