Boston Landlord Rules That Sit on Top of Massachusetts Law
Boston landlords must navigate both Massachusetts state law and the city’s specific ordinances to ensure compliance. This guide outlines key rules related to eviction, nuisance, registration, and notice periods that override or add to state law.
Permitting, Zoning, or Statutory Basis
Local Eviction Ordinances
Boston’s local eviction ordinances provide specific procedures and penalties that landlords must follow. These rules apply to both residential and commercial properties within the city limits.
Effective Date: August 1, 2018
Valid Through Date: August 1, 2018
The city’s eviction process requires landlords to follow strict notice periods and procedures before filing an eviction lawsuit. Landlords must provide tenants with a formal notice of eviction, which can include reasons such as nonpayment of rent or violation of lease terms. Failure to comply with these notices can result in severe penalties, including multiplied damages and potential incarceration.
Citation: Massachusetts General Laws Chapter 184, Section 18 (Mass. Gen. Laws ch. 184, § 18)
Registration Requirements
Boston requires landlords to register their rental properties with the city. This registration process is essential for maintaining compliance with local regulations and ensuring that landlords are aware of any city-specific requirements.
Citation: Boston City Code, Article 16 (Bos. City Code § 16)
Lease Clauses, Notice Periods, and Timing Requirements
Eviction Requirments
Under Boston’s local eviction ordinances, landlords must provide tenants with a formal notice before filing an eviction lawsuit. The notice period varies depending on the reason for eviction, but it typically ranges from 3 to 14 days.
Citation: Massachusetts General Laws Chapter 186, Section 15F (Mass. Gen. Laws ch. 186, § 15F)
Eviction Unlawful Penalty
Failure to comply with the eviction notice requirements can result in severe penalties. Landlords may face multiplied damages, back rent, incarceration, attorney’s fees, court costs, fines, reinstatement of possession, and termination of the rental agreement.
Citation: Massachusetts General Laws Chapter 186, Section 14 (Mass. Gen. Laws ch. 186, § 14)
Eviction Causes
Boston’s local eviction ordinances allow landlords to evict tenants for various reasons, including nonpayment of rent, criminal activity, renovations to bring the building in compliance with code, and remaining on the property after the expiration of the lease.
Citation: Massachusetts General Laws Chapter 239, Section 1 (Mass. Gen. Laws ch. 239, § 1)
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Boston’s landlord tenant ordinances, landlords should maintain thorough records of all lease agreements, eviction notices, and payment receipts. This documentation is crucial for defending against tenant claims and proving compliance with local regulations.
- Lease Agreements: Maintain copies of all lease agreements, including any amendments or modifications.
- Eviction Notices: Keep records of all eviction notices sent to tenants, including the date and reason for eviction.
- Payment Receipts: Maintain copies of all payment receipts, including any partial payments and late fees.
- Tenant Information: Keep records of tenant contact information, including names, addresses, and phone numbers.
- Compliance Logs: Maintain a log of all compliance activities, including any notices sent to tenants and any actions taken in response to tenant complaints.
By following these guidelines and maintaining thorough records, landlords can ensure compliance with Boston’s local landlord tenant ordinances and avoid potential legal issues.
Additional Resources
- Boston Just-Cause and Condominium Conversion Notice Rules for Small Multifamily Landlords
- Massachusetts Security Deposit Receipt, Separate Bank Account, and Annual 5% Interest Rules (M.G.L. c. 186 § 15B)
- Abandoned Tenant Property Hold Periods and Storage Notice Rules by State (LawAtlas SEL_DisposeProperty)
- Accepting Partial Rent After Serving a Pay or Quit Notice When Partial Payment Waives Your Notice by State