1. Patricia Whiting Harvard Legal Aid Bureau
Before You Move In
Patricia Whiting Harvard Legal Aid Bureau
Mass. Law Reform Institute Mass Continuing Legal Education Basic Benefits Training

2. BEFORE YOU MOVE IN
Knowing their rights and doing their homework can help a tenant find the best apartment for their situation and can help prevent problems down the road.
Because of the stress involved in finding a new home (especially in the context of an eviction) it is helpful to advise tenants to use checklists or make lists of things they are looking for and important questions to ask prospective landlords.

3. LEARNING ABOUT A PROSPECTIVE LANDLORD
If possible, try to find out about the landlord or property management company before you go see an apartment.
Look online for reviews of the landlord.
Go to the building to talk to current tenants of the landlord on your own – before going to look at a prospective unit, if possible – and ask questions about the LL and whether she is responsive to requests for repairs and other complaints from tenants.
Without the LL or her agent around, current tenants may feel more free to give you an honest assessment.

4. CHECKING OUT A UNIT BEFORE RENTING
Do not agree to rent an apartment without looking at it in person first!
Use the Moving In Checklist (Form 1, pg. 629) which will guide a tenant through what to check, the potential problems, and important questions to ask when viewing a unit.
ASK QUESTIONS – don’t be intimidated, and don’t let the landlord or her agent rush you through your inspection of the unit.

5. WHAT IF THERE ARE BAD CONDITIONS
If upon inspection there are things that need to be fixed but you’re still interested in renting the unit, ask the LL when repairs will be made (if possible, it’s best to have the issues fixed before you move in).
If possible, get all promises in writing (including ones about conditions that the LL will fix).
The list of repairs and the date they will be completed can be written on the lease or tenancy agreement or just on a piece of paper.
This will document both the need for the repair and the LL’s promise to fix it.

6. WHAT IF THERE ARE BAD CONDITIONS?
Sometimes, tenants are reluctant to ask for promises in writing or landlords don’t want to put them in writing. If this happens, the tenant can send a follow-up letter after she moves into the unit (“ thank you for agreeing to fix to A, B and C by February 1st.”)
Also, it’s a good idea to get an address and/or a cell phone number for the LL so you can send s/texts. Not only will it help the tenant request repairs but it will help document the tenant’s communications with the landlord, which is important if there is ever a dispute about whether there were problems and/or whether the LL knew about them.

7. WHAT IF THERE ARE BAD CONDITIONS?
If the tenant does not discuss the problems in the unit before moving in (either because she’s afraid she won’t get the unit if she complains or for some other reason), she should send a letter ( /text) to the LL right after moving in to notify her of the problems and requesting that repairs be made.
If the LL takes a security deposit from you, she must give you a statement of conditions that describes the condition of the unit that you are renting. Make sure that all the problems in the apartment are listed on the statement of conditions or the LL will say that you damaged the unit or otherwise caused the problem, even if she verbally acknowledged the issue during your inspection.

8. SIGNING A LEASE
Not all tenants have written leases. Some have written tenancy agreements that are not leases, and some just have an oral tenancy.
A lease should have:
The monthly rent
The date the tenancy ends
The amount of security deposit (if one is paid)
The contact information for the LL for repairs and service of notices
The LL must give the tenant a copy within 30 days of signing.

9. WHAT IF YOU DON’T LIKE THE LEASE TERMS?
Often, LLs ask tenants to sign “Standard Form Leases” that are preprinted with lots of terms that may or may not be appropriate in light of your agreement with the LL.
Lease terms CAN be negotiated – even the preprinted forms.
You can add terms, change existing terms or do anything else so long as both parties agree. If you change or add anything to a preprinted lease, make sure you and the LL put your initials next to the change so it’s clear you both agreed.

10. WHAT IF YOU DON’T LIKE THE LEASE TERMS?
For example, many standard form leases prohibit tenants from having pets. If you have a pet and the LL has agreed that you can keep the pet in the unit, you should change the lease to reflect your agreement.
A tenant usually has more negotiating power before the lease is signed – so if there is a provision the tenant wants, it’s best to ask before they’ve agreed to rent the apartment.

11. ILLEGAL LEASE CLAUSES Some leases have illegal clauses. For example:
Making the tenant responsible for repairs;
Making the tenant responsible for paying for utility bills in the LL’s name;
A clause that says that the tenant must pay all rent due for the remainder of the lease upon the termination of the lease.
A tenant cannot be forced to comply with an illegal term.

12. HOW MUCH MONEY CAN A LL CHARGE BEFORE A TENANT MOVES IN?
When you move in, a LL may only charge:
The first month’s rent;
The last month’s rent;
A security deposit (no greater than the first month’s rent); and
The cost of buying and installing a new lock.
Whenever you pay the LL any money, get a signed and dated receipt that says how much you paid and what the money was for.

13. WHO PAYS FOR UTILITIES
Water: Landlord is required to pay unless there is a separate meter that calculates the tenant's water use, the unit has low flow fixtures, and there is a written agreement that says the tenant must pay.
Fuel for Hot Water & Heat: Landlord must pay unless written agreement says tenant must pay.
Electricity & Gas: Landlord must pay unless there is separate meter that calculates tenant’s use and a written agreement that says tenant must pay.

14. KEEP RECORDS!!
Keep proof of rent payments (receipts, copies of money orders, etc.).
Keep proof of any deposits (receipts, cancelled checks used to pay a security or last month’s rent deposit).
Keep copies of all communications you have with your landlord, and make sure you sign and date them.
Keep a log of conditions, when you informed the LL and when he repaired.
PUT THESE DOCS TOGETHER IN A SAFE PLACE!!