LEASING REAL PROPERTY ► CHAPTER 13 © 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: ☒ 1 st 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