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Updated about 8 years ago on . Most recent reply

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William L.
  • Boston, MA
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Fees and charges that are illegal

William L.
  • Boston, MA
Posted

Hello,

I am just getting started in real estate and just recently bought our first investment property and was reviewing landlord tenant law in Massachusetts.

I read that "Under MGL 186 § 15B, a landlord is only allowed to collect, as up-front charges to a tenant, (1) first month’s rent; (2) last month’s rent; (3) a security deposit equal to the first month’s rent; and (4) the purchase and installation cost for a key and lock" 

It also said that all other charges such as application fees, deposit to hold, pet fees, etc were illegal.

Is this true? if so, who then pays for the credit and background checks?

 Also since Massachusetts is very tenant friendly I wanted to ask if there were any other fees/charges that can be legally included in the rent  (such as lock out fee, fee for not allowing access for scheduled house repair, etc)

Any feedback will be appreciated!

Thanks in advance,

Will

Most Popular Reply

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761
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Rich N.
  • Investor
  • Haverhill, MA
328
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761
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Rich N.
  • Investor
  • Haverhill, MA
Replied

@William L.

The law is that its only those 4.  I believe there was a recent court/case study that found a LL at fault for charging anything beyond the 4.  Also, it does not matter who charges it, its only the 4. 

I say this because so many folks skirt it by having the realty agency, the PM or the tenant pay it..... that court/case study still says NOPE !

So, I do not chance it and just do the 4 (actually 3, I do not do the lock fee).

  • Rich N.
  • Loading replies...