Tenants' Legal Rights Against Unfair Practices in Massachusetts
Tenant laws vary from state to state. For those in Massachusetts who rent, it is highly important to know tenants' legal rights against unfair practices in that state. This allows you to insist upon your rights and avoid being bullied by unscrupulous landlords in the state. If you are having a particularly difficult time, you may want to contact the authorities or a qualified attorney.
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Discrimination
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In addition to federal law, there are state laws in the Commonwealth barring housing discrimination. Housing must go to the first qualified applicant. You cannot be refused housing on the basis of religion, race, color, national origin, sexual preference, marital status, ancestry or military background. You may be denied housing because you have a service dog only in the event of an owner-occupied two-family rental building. You may also not be denied housing because you receive rental subsidies.
Rental Agreements
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There are two types of rental agreements in Massachusetts: leases and periodic tenancy agreements. Leases generally apply to longer periods of time while periodic tenancy agreements are renewed every time you pay rent. All rental agreements, regardless of their type, must include the contact information of all signatories, the amount of your security deposit and a disclosure form regarding the Security Deposit Law. Any lease that attempts to deprive you of your rights under the Security Deposit Law or any lease that does not include a disclosure form requires your landlord to return your entire deposit.
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Payments
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When you move in, your landlord may only collect the following payments: first and last month's rent, a security deposit and the cost to him for installing locks and getting keys cut. Any additional payments are illegal under Massachusetts state law. Your landlord may not charge additional fees for late rental payments until the rent is over 30 days late. If you live in an apartment for a year, your landlord must refund your security deposit with interest.
Remedies and Retaliation
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Massachusetts state law provides broad methods for renters to seek remedy against unscrupulous landlords. In some cases you may cease paying rent or deduct certain repairs from your monthly rent. If your landlord raises your rent, evicts you or takes any action against you within six months of your joining a renters organization or contacting the board of health that may be retaliatory, the burden of proof is on him to prove that it was not.
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