Massachusetts Tenant wants to pay 9 months up front

[Mike Fontaine]

So we are showing an apartment and a tenant came back clear but she wants to pay 9 months worth of rent upfront immediately. I tried looking up any problems with this on mass.gov but couldn't find a thing. Could anyone think of any legal implications this could have?

[Brad Brady]

In Massachusetts the law is very specific on what deposits can be made for a rental. Security, first and last and a licensed agent/broker can charge a broker fee. Deposits outside of that can be considered a Fair Housing violation if it's taken as part of your consideration for his/her approval. 

Things like pet deposits and roommate charges are even questionable but the site has a number of threads about it! 

I'd take the security, first and last and call it a day. If she doesn't like the space or the landlord wants to evict it would become very complicated!

Per Mass Law;

(4) Security Deposits and Rent in Advance. It shall be an unfair or deceptive practice for an owner to: (a) require a tenant or prospective tenant, at or prior to the commencement of any tenancy, to pay any amount in excess of the following: 1. rent for the first full month of occupancy; and 2. rent for the last full month of occupancy calculated at the same rate as the first month; and 3. a security deposit equal to the first month's rent; and, 4. the purchase and installation cost for a key and lock.

or, at any time subsequent to the commencement of a tenancy, demand rent in advance

in excess of the current month's rent or a security deposit in excess of the amount allowed

by 940 CMR 3.17(4)(a)3.