Landlord-tenant issues

Being a landlord in Massachusetts comes with a unique set of challenges, thanks to the state’s tenant-friendly laws. Staying informed and proactive is key to managing your rental properties successfully while avoiding costly legal headaches. In this guide, we’ll break down the basics to help you navigate any landlord-tenant issues with confidence.

Managing Security Deposits

Security deposits come with strict legal requirements in Massachusetts. If you’re not careful, mishandling these funds can lead to serious legal trouble. Here’s what you need to know:

  • Separate Bank Account: Security deposits (along with first and last month’s rent) must be placed in a Massachusetts interest-bearing bank account. Mixing these funds with your own money is a big no-no.
  • Receipts and Disclosures: You must provide tenants with written receipts and statements detailing where their deposit is held.
  • Avoid Costly Mistakes: Failing to follow these rules can open you up to major liabilities under state housing laws and Chapter 93A, Massachusetts’ consumer protection statute. Keeping your security deposit process airtight protects you legally and helps build trust with tenants.

 

Screening Tenants

Picking the right tenant can make or break your experience as a landlord. While online screening services are convenient, they don’t always dig deep enough into Massachusetts-specific records. What should you do?

  • Go Beyond Basic Background Checks: Massachusetts court records aren’t all available in one place. A thorough check requires searching Superior, District, and Housing court records in each county.
  • Verify Employment & References: Don’t just take a potential tenant’s word for it—confirm their job and talk to previous landlords to get a sense of their reliability.
  • Invest the Time Now, Avoid Problems Later: A strong screening process reduces the risk of rent disputes, property damage, eviction hassles, and other landlord-tenant issues down the road.

Document Everything

Before handing over the keys, make sure you document the condition of your rental unit. If landlord-tenant issues arise later, having solid proof can save you time and money.

  • Take Time Stamped Photos & Videos: Capture the condition of all rooms, appliances, and even the exterior of the property.
  • Keep a Record of Maintenance Requests: Whether it’s a leaky faucet or a broken heater, maintain detailed records of tenant complaints and your responses. This documentation can be crucial if a tenant claims the property was unsafe or uninhabitable.
  • Stay Organized: Having a clear system for documentation protects you in case of legal disputes and ensures smoother property management overall.

Dealing with Non-Payment and Eviction

Even with the best tenants, issues can arise. If a tenant stops paying rent, Massachusetts law outlines a structured process landlords must follow.

  • Notice to Quit: For non-payment of rent, landlords must give a 14-day notice before starting eviction proceedings. For other lease violations, a 30-day notice is required.
  • Court Process & Mediation: If the tenant doesn’t leave, eviction can involve multiple court hearings, mediation, and significant delays.
  • Watch Out for Professional Tenants: Some tenants know how to work the system, using bankruptcy filings and legal loopholes to extend their stay without paying rent. Being prepared and acting quickly can help minimize losses.

 

Additional Protections for Landlords

Massachusetts law heavily favors tenants, but landlords do have some protections. Understanding these safeguards can help you avoid financial losses and legal troubles when facing landlord-tenant issues.

  • A Strong Lease Agreement Is Your Best Defense: Do not rely upon a “standard” residential lease provided by a real estate agent; use a customized lease with more tools to protect against tenants who stop being cooperative. 
  • Landlord Insurance for Extra Security: Standard property insurance covers physical damage, but additional landlord insurance can protect against lost rental income, legal expenses, and liability claims from tenants.
  • Knowing Your Rights in Eviction Cases: While the eviction process can be complex, landlords still have rights. Understanding the legal process, filing paperwork correctly, and acting promptly when tenants violate lease terms can prevent long delays.
  • Handling Tenant Abandonment & Property Damage: If a tenant abandons the property or leaves it in poor condition, landlords have options. Following proper legal procedures for reclaiming the unit and documenting damages can help recover costs.
  • Legal Support for Difficult Situations: If you’re facing ongoing tenant disputes, consulting with an attorney early can prevent costly mistakes. Proactive legal guidance can help you navigate lease violations, eviction roadblocks, and compliance with state laws.

Being a landlord in Massachusetts isn’t always easy, but with the right knowledge and approach, you can manage your properties successfully while avoiding legal trouble.

If you’re dealing with landlord-tenant issues or just want to make sure you’re fully compliant with the law, DaMore Law is here to help. Our experienced team can guide you through everything from lease agreements to eviction procedures, ensuring your rental business runs smoothly and legally.

Need expert legal advice? Contact DaMore Law today.