
February 1995
Landlord-Tenant Issues
by Paul J. Schlaver, Director, Cambridge Consumers' Council
The Commonwealth of Massachusetts has regulations and laws that cover the rights and duties of landlords and tenants. Given the current changes in the Rent Control Law it might be a good time to summarize these rights and duties.
The Cambridge Consumers' Council often assists in the resolution of non-rent control landlord-tenant disputes, especially those involving the return of security deposits, interest on deposits, unlawful lease provisions, and other disputes. A basic, but thorough, pamphlet available from the Council is called "The Tenants Commandments". This is a summary of tenants' rights as prepared by the Executive Office of Cosnumer Affairs and Business Regulations.
Here are a few common questions and answers:
Q. If the building changes owners during a lease period, can the new owner either cancel the lease or change the terms?
A. No... the new owner must honor the lease as written.
Q. Can a tenant automatically withhold rent when there is a sanitary code violation like no hot water or mice and roaches?
A. No... the tenant must first notify the landlord of the condition and request correction. If the response is not satisfactory then the tenant should contact a housing inspector through the Department of Inspectional Services at 349-6100. Only then might a second inadequate response by the landlord trigger a right to withhold some rent.
Q. If the landlord is selling the building, can s/he expect the tenants to open their apartments frequently to prospective purchasers.
A. Not necessarily. The landlord must be "reasonable" with the requests (certainly made in advance) and should attempt to arrange a mutually convenient time.
In addition to the many questions Cambrridge seniors may now have due to the end of Rent Control, some might have other questions like those above. You can ask such questions by calling the Consumers' Council at 349-6150. It might also be helpful to both landlords and tenants to request the pamphlet mentioned above.
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