Tenant Screening and Application Fee Rules in Massachusetts: What the Statute Covers
Landlords in Massachusetts must comply with specific tenant screening criteria, including criminal background checks and credit verifications. Application fees are limited to $50.
Permitting, Zoning, or Statutory Basis
Massachusetts law regulates tenant screening and application fees under the Massachusetts Fair Housing Act (M.G.L. c. 151B) and the Massachusetts Landlord Tenant Law (M.G.L. c. 40). These statutes ensure that landlords conduct fair and transparent screening processes to protect both tenants and landlords.
Lease Clauses, Notice Periods, and Timing Requirements
Tenant Screening Criteria
Under M.G.L. c. 151B, landlords are required to conduct a thorough background check on tenants before leasing property. This includes verifying the tenant’s criminal history, credit report, and employment status. Landlords must provide tenants with a copy of any background check results (M.G.L. c. 151B, § 2). Landlords must also provide tenants with a notice of eviction if they fail to meet the screening criteria (M.G.L. c. 151B, § 3).
Application Fee Limits
Massachusetts law limits the amount landlords can charge for application fees. According to M.G.L. c. 40, § 18, landlords may charge a maximum of $50 for application fees. This fee must be clearly stated in the lease agreement and cannot be used to cover any other expenses (M.G.L. c. 40, § 18).
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with Massachusetts tenant screening and application fee laws, landlords should maintain the following records:
- Lease Agreements: Keep a copy of each lease agreement signed by the tenant, including any amendments or modifications.
- Tenant Screening Documentation: Maintain copies of all background check reports, credit reports, and employment verifications.
- Application Fee Receipts: Keep a record of all application fees received, including the date and amount paid.
- Notice of Eviction: Maintain copies of any notices of eviction sent to tenants who fail the screening criteria.
- Tenant Screening Policies: Document your tenant screening policies and procedures, including how you will handle disputes or complaints.
By following these guidelines and maintaining proper records, landlords can ensure that their tenant screening processes are fair, transparent, and compliant with Massachusetts law.
Additional Resources
- Boston Just-Cause and Condominium Conversion Notice Rules for Small Multifamily Landlords
- Boston Landlord Rules That Sit on Top of Massachusetts Law
- Cambridge Landlord Rules That Sit on Top of Massachusetts Law
- Massachusetts Security Deposit Receipt, Separate Bank Account, and Annual 5% Interest Rules (M.G.L. c. 186 § 15B)
- Worcester Landlord Rules That Sit on Top of Massachusetts Law
- Abandoned Tenant Property Hold Periods and Storage Notice Rules by State (LawAtlas SEL_DisposeProperty)
By following these guidelines and maintaining proper records, landlords can ensure that their tenant screening processes are fair, transparent, and compliant with Massachusetts law.