Landowner Rights & Responsibilities

Like tenants, landowners also have rights and responsibilities, many of which are protected in the lease.

• The right to prompt payment. The landowner should be paid by the day indicated in the lease. There is no grace period in Massachusetts, but a landowner cannot charge a late penalty unless there is a “late payment penalty” clause in the lease and not until it is 30 days late.
• The right to have the tenant follow the terms of the tenancy agreement. If the agreement is broken, the landowner has the right to explore lease termination.
• The right to increase the rent, although they must follow the law in doing so. If the lease is a tenancy–at–will, a tenant must be notified at least a full rental period in advance. If a fixed-term lease, the rent can only be increased after the lease expires, unless the lease states otherwise.
• The right to have tenants pay for their own utilities (electricity and gas), which should be stated in the tenancy agreement.
• The responsibility to provide running water and pay for water usage unless sub-meters have been installed or rental is a single-family home.
• The responsibility to provide a sink, stove, and oven. Note that a refrigerator is not required, but if one is provided it must be kept in good working condition.
• The right to enter the tenant’s apartment at specific times, with proper notice. A landowner may enter for the following reasons: to show the apartment to prospective tenants, purchasers, lenders or their agents; to make necessary repairs; to inspect within 30 days of the end to the tenancy to assess damages that should be deducted from the security deposit; the apartment appears abandoned; or there is a court order to enter. Landowners or their agents may enter without notice in an emergency.
• The responsibility to keep the apartment rodent- and insect-free. A landowner must pay for rodent/insect removal if there are 2 or more units in the building.
• A landowner cannot terminate tenancy or raise rent in response to a tenant exercising their legal rights. If such actions are taken within six months of a tenant contacting the Board of Health, joining a tenants’ organization, or exercising any other legal rights, those actions can be considered retaliation. The landowner will be required to prove otherwise.