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Tenant Rights in Boston

From the moment they fill out a rental application, a prospective tenant enters what is a highly regulated relationship with the landlord. Sadly, most tenants don't know their rights. If, for example, your application to rent an apartment is rejected, you have a right to know why. It is illegal for a landlord to refuse your rental application for discriminatory reasons.

Further, tenants often have extra rights under the laws of their state and even the city. Tenants are also protected from various kind of false advertisements, illegal evictions, and can assert certain rights with respect to security deposits and even pets. The best place to learn more about your rights as a tenant is a Boston Real Estate lawyer.


Recently in Tenant Rights in Boston:

Does Renter's Insurance Cover Flood Damage?

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Renter’s insurance can protect against the myriad types of damages-events that can strike an apartment, including fire, smoke, vandalism, or theft, reportsThe New York Times. However, as to whether a renter’s insurance covers flood damage, the answer is probably no.

For flood coverage, the National Flood Insurance Program tells The Times, you need a separate policy.

Things are expensive in Boston.

To make matters worse, apartments are at historically high prices in Boston, reports the Boston Globe. In fact, the only cities to exceed Boston nationally were New York, San Francisco, New York's Westchester County (huh?), and Fairfield County (ok, then).

The most expensive neighborhood in Boston was Kendall Square, followed by Seaport and East Cambridge. The Financial District and Waterfront rounded out the top five.

It is important to note that not everyone in an expensive neighborhood happens to be wealthy. Many people are middle-class renters who are in the middle-zone. They can't afford a down-payment for a house, but they can't live too far from their jobs, so end up living in the city.

Landlord Liability for Crimes?

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Boston is primarily a student town. So with the odd combination of naivete and braggadocio that often comes with 18- to 22-year-olds, landlords in Boston might expect a bit of crime in their neighborhoods ranging from petty thefts to drug dealing and even assaults.

In that case, you may be wondering what is a landlord’s liability for crimes?

What are Tenant Rights in Foreclosure?

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Even if you don’t own a home, you can be hit hard by foreclosure. And as more and more landlords continue to default on loans and enter foreclosure, renters will want to know what are tenant rights in foreclosure.

When a home is foreclosed upon, the bank becomes the new property owner and the new landlord. As banks normally aren’t in the business of renting homes, the bank will likely try to get rid of the property as soon as it can. Upon sale, renters may be evicted from the home.

Scariest Rental Markets in Greater Boston

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A list of the most expensive rental markets in Boston was reported by The Boston Globe. Not surprisingly, the average rental rate in these neighborhoods was sky high, but if you are a parent of a MIT student, you may be scared by just how high.

Here are the most expensive rental markets:

What You Should Know About Massachusetts Eviction Laws

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It's a lot easier to threaten eviction than to actually evict someone. If your landlord is threatening to throw you out or lock you out of your apartment, you should know that Massachusetts eviction laws require your landlord to have a court order and follow a specific procedure to actually carry out the threat.

First, landlords can only evict you for certain reasons and only after they've given you specific notice of the eviction. For example, if you fail to pay rent, your landlord must give you a 14-day notice to quit the lease and give you an opportunity to repay the rent you owe.

Your Right to a Healthy Apartment

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Did you know Massachusetts gives renters the right to a healthy apartment? You are entitled to a safe and habitable living environment throughout your entire tenancy under various state laws. The following are some basic habitability rights that you have.

Water

Your landlord must provide enough water, and water at adequate water pressure, to meet your ordinary needs. So if you suffer from very weak showers, you may have a legal claim to a stronger shower.

Massachusetts Landlords Right to Enter

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We've previously written about rights of renters in looking for an apartment, signing a lease, and laying down a security deposit. Now it's time to learn about Massachusetts renter rights regarding a landlord’s right to enter an apartment.

While your landlord may own the building and have rights to the building itself, once your landlord rents the apartment to you, he or she cannot come in and out of your unit as they please.

Massachusetts Security Deposit Law

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After finding an apartment and signing a lease, you will also likely be required to make a security deposit. You should know that Massachusetts security deposit laws protect tenants and restrict how much landlords can keep as the deposit, how long they can keep it, and what they can charge against the deposit.

First, a landlord cannot require a security deposit more than the amount of your first month's rent. So if you pay $1,000 a month in rent, the most that your landlord can keep as a security deposit is $1,000. This is true even if the landlord later increases your rent.

Massachusetts Rental Laws -- Signing a Lease

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Earlier this week, we wrote about the laws prospective tenants should know when looking for an apartment. Once you've found the apartment of your dreams, you will also want to know practical considerations and Massachusetts rental laws regarding the lease itself.

First, the practical considerations. Do not put any money down on an apartment unless you are sure you want the apartment. While you may be legally entitled to the return of the money, it could be a pain to actually recover it. Also, know what you are putting the money down for. Account for finder's fees and other prepayments, and make sure that the landlord can actually make these charges.