Rental Laws

[mysticalchild_isis]

I've been trying to track down some answers to various questions about rental laws without much success, so I was hoping someone here might either know the answers, or where to find them.

1) Is there some sort of statue of limitations on when an old landlord can contact a tenant about grievances after a tenant has moved out?

2) Are there any laws about the allowable number of tenants in a unit? How about number of toilets/bathrooms per number of people?

3) Other than facts about notices of termination, I'm having a hard time finding information about the legal rights of tenants in at-will (no lease) rental situations.

4) Is there any information about the responsibilities of tenants when a landlord is involved in sketchy/possibly illegal activities?

Comments

[clevernonsense.livejournal.com]

#1 is 30 days. Most of this info can be found here I think:
http://www.mass.gov/?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Housing+Information&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=tenants_rights_and_responsibilities&csid=Eoca

[dominika-kretek.livejournal.com]

The 30 days is for returning the security deposit. I doubt that returning the security deposit prevents a landlord from bringing action for damage later.

The occupany questions are answered in the health code. My (possibly out of date) copy says one toilet for every eight people and defines occupancy limits in terms of square footage: for dwellings, 150 sqft for the first person and 100 for each additional person, with bedrooms at 70 sqft for the first intended occupant, and 50 sqft for each additional intended occupant. Rooming houses have different rules. I think you can buy a copy of the health code at the state house.

[clevernonsense.livejournal.com]

probably, but you need proof and once someone else lives there it would be more than somewhat difficult.

[bluesauce.livejournal.com]

When I last talked to a health inspector about this sort of thing(about two years ago), I was told that you're not allowed to have more than four unrelated adults living in a house together; five or more makes it a rooming house, which requires special permits, IIRC.

[withinmywill.livejournal.com]

I'm not expert, but I doubt that. I know A LOT of apartments with more than four people in them around here, including the one above mine that has been inspected.

[nathanjw]

Don't take their current existence and occupancy as evidence that the rule doesn't exist; it's applied pretty capriciously. This also tends to be a city/town law, not a state law. I don't have the Somerville version handy, but in Cambridge, for example, it comes out of the following definition in the zoning code:

Family. One or more persons occupying a dwelling unit and living as a single nonprofit housekeeping unit; provided that a group of four or more persons who are not within the second degree of kinship shall not be deemed to constitute a family.

[clevernonsense.livejournal.com]

that is a law in Boston I believe (or something like that). these are generally a per town thing, and not well enforced.

a real estate agent of dubious intelligence once told me that in somerville you can only have 2 ppl per bedroom, max (including children).

[boblothrope.livejournal.com]

Boston's law only applies to undergraduate students. See page 6 of http://www.cityofboston.gov/rentalhousing/pdfs/handbook.pdf .

[thetathx1138.livejournal.com]

Yes, part of the City Council's ongoing crusade against a healthy chunk of the people they're supposed to represent.

[tamalinn.livejournal.com]

Really? My first apartment after college was in Spring Hill--a five bedroom, with all five of us having our names on the lease. Though that was ten years ago, so I guess the law could've changed.

[thetathx1138.livejournal.com]

From what I've been told about laws like this, they mostly exist to give the police a pretext to bust up suspected brothels, and these days it's rarely used even for THAT. Unless there's a truly flagrant violation, usually pretty easy to spot what with all the noise and sanitation problems, I don't think anybody cares.

[wickedtrue.livejournal.com]

Here's a really good place to look for info (http://www.masslegalhelp.org/housing/legal-tactics1).

2. Yes, there are rules about number of tenants in a building. It depends on the city you are in, but there is a limit of about 8-10 in 2 families, 12 in 3 family in Somerville/Medford (ie, 4 people per apartment). Though, there are exceptions to this, that's what is "normal".

Landlords can also limit the number of people per apartment in the lease. If you break that without their permission, they can legally pursue you for that or argue you are breaking the terms of the lease.

4. It depends on what is sketchy who you can go to. Even if you are a tenant-at-will, you still have the same rights to the "quiet enjoyment" of your apartment. If your landlord isn't making making repairs, you can deny rent, write them a letter saying why, and they can't evict you in retaliation (they can try, but you will win, as long as you attend the court date).

[dial-zero.livejournal.com]

Great link!

[thetathx1138.livejournal.com]

IMPORTANT NOTE:

You can deny them rent, but you will need to set aside rent in an escrow account. My friend found this out the hard way.