LEASING REAL PROPERTY ► CHAPTER 13 © 2009 South-Western, Cengage Learning.

LEASING REAL PROPERTY ► CHAPTER 13

© 2009 South-Western, Cengage Learning

© 2009 South-Western, Cengage Learning

over 1 year in writing to be enforceable (statute of frauds)

over 7 years must be recorded (notice of lease) therefore written, acknowledged and recorded otherwise limited to original lessor

99 year lease – never longer

© 2009 South-Western, Cengage Learning

Estate for Years begins and ends on date certain no notice required by either party

Tenancy at Will a/k/a periodic or month to month tenancy indefinite term until either party notifies required minimal notice

© 2009 South-Western, Cengage Learning

Violation of M.G.L. c. 186 may be a violation of 93A

lease agreement - simple language - contact info

landlord access - limited - right of quiet enjoyment

maximum initial funds:☒ 1st month’s rent☒ last month’s rent (not to exceed 1st month’s rent)☒ security deposit (not to exceed 1st month’s rent)☒ reasonable lock and key deposit☒ all other deposits are illegal

NOTE: M.G.L. c. 186, § 15B does NOT apply to leases for vacation or recreational purposes of 100 days or less

© 2009 South-Western, Cengage Learning

late charges (none until 30 days; thereafter in lease)

no rental demands unless in lease

water metering – permitted since 2005 licensed plumber installation prior to tenancy may include sewer charges all water-dispensing fixtures conservation type exclusive for the tenant tenant has to test their meter lease agreement must be in writing

© 2009 South-Western, Cengage Learning

unenforceable lease provisions wrongful acts of lessor lessor reprisals

LAST MONTH’S RENT no requirement to escrow receipt required interest at 5% or . . .

© 2009 South-Western, Cengage Learning

property of tenant

deposited in interest-bearing Massachusetts account

account beyond claim of lessor creditors

one combined escrow account acceptable

must keep records 2 years – tenant access

receipt must include bank and account number

© 2009 South-Western, Cengage Learning

written statement of condition

interest 5% or bank rate paid annually

deductions from security deposit

accounting within 30 days of lease termination

landlord forfeiture – treble damages + costs

© 2009 South-Western, Cengage Learning

violation generally also a violation of 93A

number of occupants

habitability requirements

© 2009 South-Western, Cengage Learning

100 days or less for vacation or recreational purposes

M.G.L. c. 186, § 15B excludes vacation rentals

for purposes of lead paint law – 31 days or less

© 2009 South-Western, Cengage Learning

• misnomer . . . applies to all residential rentals

• fee disclosure

© 2009 South-Western, Cengage Learning

statutory eviction

constructive eviction

14-day Notice to Quit

removal/exclusion from premises only with court order

storage of personal property

KEY TERMS

© 2009 South-Western, Cengage Learning

constructive eviction

estate for years

security deposit

State Sanitary Code

statement of condition

tenancy at will