Do Massachusetts landlords have to pay for water?
Massachusetts law allows a landlord to charge for water if certain conditions are met, including entering into a written agreement with the tenant regarding payment, and installing submetering equipment and also water conservation devices for all faucets, showerheads, and toilets in the rental.
Under G.L. 186, §15B(1)(b), the law is clear that a landlord can charge only first month's rent, last month's rent, a security deposit, and the cost of a new lock. Perry v. Equity Residential Management, LLC, U.S. District Court, District of Massachusetts, Civil Action No.
Landlords are typically required to pay utility bills between tenancies, when the property is vacant. In cases where landlords are in charge of an HMO, they may opt to pay for the utility bills directly if they are renting out the property by bedroom.
Kitchens: The landlord must provide within the kitchen: a sink of sufficient size and capacity for washing dishes and kitchen utensils, a stove and oven in good repair (unless your written lease requires you to provide your own), and space and proper facilities for the installation of a refrigerator.
Massachusetts is generally not considered a landlord-friendly state because the commonwealth puts several restrictions on fees the landlord can charge. Although, Massachusetts does not have rent control policies.
Lease conditions: If the lease agreement legally includes a clause that the tenant must repaint the walls when moving out, then they must do so or pay the owner the cost to have this professionally done.
Rent Increases: There is no legal limit to the amount of rent a landlord can charge. However, in order for the rent increase to be valid, the landlord must provide the tenant proper notice of the raise in rent and the tenant must agree to it (signs the lease with the new monthly rent).
According to the Tenant Protection Act of 2019, also known as AB 1482, landlords are allowed annual rent increases of 5% plus the percentage change in the cost of living (Consumer Price Index) per year, up to 10%.
Massachusetts provides tenants with an unusually long grace period. A tenant has up to 30 days from the due date to pay rent before the landlord can charge a late fee.
Bills between tenants
If a tenant vacates the property, the landlord becomes responsible for all utility bills until a new tenant begins their lease. These gaps between tenants are often called void periods, and it is best to keep energy use and utility outgoings to a minimum during these gaps.
Can a landlord charge for electricity?
Your landlord can only charge you for gas or electricity if your tenancy agreement says they can. Check your tenancy agreement to find out if you have to pay your landlord for energy, and on what terms.
Tenants and owners
Anyone who puts their name(s) on a utility bill will ultimately be responsible for any outstanding charges. Multiple names on a bill will place responsibility on all those named on the bill if payment is not fulfilled; regardless if one pays their part while another does not.
Landlord's responsibilities
A landlord is responsible for: repairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware. the safety of gas and electrical appliances. the fire safety of furniture and furnishings provided under the tenancy.
- Comply With Anti-Discrimination Laws. ...
- Follow State Rent Rules. ...
- Meet State Security Deposit Limits and Return Rules. ...
- Provide Habitable Housing. ...
- Prepare a Legal Written Lease or Rental Agreement. ...
- Make Legally Required Disclosures.
Many landlords wonder how often they should replace elements of the kitchen, such as appliances, countertops and flooring. A landlord should consider replacing the kitchen every 10 to 15 years. This is because kitchens are prone to wear and tear from heavy use and regular cleaning.
If a physical eviction is allowed, the court will give the landlord the execution 10 days after the judgment is entered. You must receive written notice of the date and time the physical eviction will take place at least 48 hours in advance.
You must provide habitable apartments and common areas for the entire tenancy in accordance with the minimum standards of the State Sanitary Code which seeks to protect the health, safety, and well-being of your tenants and the general public.
Windows Are to be Inspected (28-29)
The State Sanitary Code doesn't say landlords have to provide window coverings, but you may need to ask your local municipality or check another source.
The landlord can only enter the property with the permission of the tenant, unless it is an emergency situation, and the landlord must enter the property and every attempt has been made to contact the tenant (for example a flood in the property or a fire etc).
The short answer is no. In fact, according to the Tenant Fees Act 2019, a landlord cannot legally charge tenants for end of tenancy cleaning services.
What can a landlord deduct from a security deposit in Massachusetts?
Damage deduction for security deposits
However, the landlord can deduct from the full amount for: Any unpaid rent which has not been withheld validly or deducted in accordance with the law. Any unpaid increase in real estate taxes if you were obligated to pay it under a valid tax escalator clause in your lease.
Housing courts generally require landlords to give tenants at least 24 hours' notice before entering the tenant's apartment unless: There is an emergency, such as a water leak into another apartment.
If your tenant is on a month-to-month lease and you'd prefer to sell without them living in the house, Massachusetts landlord and tenant laws require you notify them 30-days in advance of your intentions to terminate the lease.
If a landlord won't make a major repair—or violates key parts of the lease—tenants in Massachusetts are allowed to withhold rent. In Massachusetts, tenants are protected by something known as the implied warranty of habitability.
The landlord is responsible for sending the bill for water charges to the tenant. The landlord may contract with a separate company to take water submeter readings and to prepare, send, and collect bills. 12.
The government provides free water to the general public. Even though there is no law mandating it, most restaurants provide tap water as a courtesy when you order food. A cup of water or a refill can also be requested when making a purchase at a convenience store or coffee shop.
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Water Prices by State 2022.
| State | Massachusetts |
|---|---|
| Avg. Total Utilities | $309 |
| Electric | $128 |
| Internet | $30 |
| Nat. Gas | $77 |
(One cubic foot of water equals 7.48 gallons.) According to the Water and Sewer Commission, the average customer living in a single-family home and using 180 gallons per day will be charged $106.75 for a 31-day period in 2021, compared with $98.03 for a 31-day period in 2020.
