FAQs
In a tenancy-at-will the tenant pays the agreed-upon rent each month for an indefinite period of time. Either the landlord or the tenant can decide to end the tenancy by giving the other party notice either 30 days or one month before the due date of the next rent payment, whichever is longer.
What is the quiet enjoyment law in Massachusetts? ›
The Covenant of Quiet Enjoyment in Massachusetts
Covenants of quiet enjoyment are found in both tenancy and real estate law. In both contexts, quiet enjoyment is the right to use and enjoy real property (by either a tenant or landowner) without interference from others.
Can a tenant sue landlord in Massachusetts? ›
Contract Issues: If a landlord breaches the lease agreement, you can also sue. Terrible Living Conditions: A landlord has a legal responsibility to provide you with adequate, healthy living conditions. This includes access to water, heating, and other basic necessities. If they fail to do this, you can also sue.
What if a tenant refuses to leave Massachusetts? ›
Physical move out
To physically remove the tenant from your apartment, you must hire a constable and a moving company, if the tenant has refused your request to go. The constable must give the tenant 48 hours notice that s/he is coming with the truck.
Can I withhold rent for noisy neighbors in Massachusetts? ›
You may withhold a portion of your rent if:
You are current in your rent up until the time your landlord learns of the problem, you are not the cause of the problem, and the unsanitary conditions do not require the apartment to be vacated to make repairs.
Can you withhold rent for repairs in Massachusetts? ›
You can withhold the rent or part of it until the landlord makes the repairs you requested. They may try to evict you. To protect yourself from eviction: Put the rent money you withhold in a bank account.
What is an example of a quiet enjoyment clause? ›
If Tenant shall perform all of the covenants and agreements herein required to be performed by Tenant, Tenant shall, subject to the terms of this Lease, at all times during the Lease Term, have peaceful and quiet enjoyment of the Premises against any person claiming by, through or under Landlord.
What are the disadvantages of a tenancy at will? ›
Tenancy at will has the disadvantage of uncertain duration, with either landlord or tenant able to terminate the agreement at any time, making long-term planning difficult.
How long does it take to evict a tenant at will in Massachusetts? ›
On average, it would take anywhere between a little over 1 month to more than 1 year for a complete eviction process. Give your tenant a written Notice to Vacate prior to the eviction process. Make sure no mistakes were made in the filing process.
What protection do renters have in Massachusetts? ›
You are entitled to a safe and habitable living environment throughout your entire tenancy. The State Sanitary Code protects the health, safety and well-being of tenants and the general public. Your local Board of Health in the city or town where you are renting enforces the Code.
In a tenancy in common, each owner is allowed to occupy and use all parts of the real estate in all circ*mstances. The right the owners do need to have in common is the right of possession. However, each owner is only responsible for a proportionate share of expenses, taxes, and repairs.
