When you pay rent depends upon whether you have a lease, and, if not, what kind of tenancy you have. If you do not have a written lease, to figure out whether you are a tenant at will or a tenant at sufferance, read Chapter 4: What Kind of Tenancy Do You Have. Different rules concerning rent apply to each of these tenancies.
Tenants at Will and Tenants with Leases
As a tenant at will or a tenant with a lease, you are obligated to pay whatever rent you and your landlord have agreed upon. You must pay your rent in advance, on the date you and the landlord have agreed it is due.
Tenants at Sufferance
A tenant at sufferance is responsible for paying rent for the period of time she uses and occupies an apartment.1 For this reason, the rent paid by a tenant at sufferance is often called a use and occupancy payment.
Unlike a tenant at will who pays rent in advance, a tenant at sufferance does not have to pay rent until the end of the month (or the rental period). If a tenant at sufferance leaves before the end of the rental period, she is required to pay only for the portion of time that she actually used the apartment.
As a tenant at sufferance, you do not necessarily have to pay the same amount of rent you paid if you had previously lived there with a lease or were a tenant at will. Under the law, you are required to pay what is called the fair market value of the apartment. The fair market value is what the apartment is reasonably worth, considering its size, location, and condition. This may be less or more than the rent you previously paid.
For example, if there are conditions in your apartment that violate the state Sanitary Code, they may lower the fair market value of the apartment.2 Because tenants at sufferance are entitled only to a seven‑day notice to quit if a landlord wants to evict them, the prospect of a future eviction on short notice may also decrease the value.3 On the other hand, if the apartment is in good condition and rents in the area have gone up, the fair market value may be higher than the rent you previously paid.4
Endnotes
1 . G.L. c. 186, §3.2 . Indiciani et al. v. Sansone, Boston Housing Court, 88-CV-24797 (Smith, J., July 26, 1991) (uninhabitable conditions reduced fair rental value of apartment to $0).
3 . Lowell Hous. Auth. v. Save-Mor Furniture Stores, Inc., 346 Mass. 426, 431 (1963) (possibility of eviction on short notice may reduce fair rental value).
4 . Gordon v. Sales, 337 Mass. 35 (1958) (fair rental value may be higher than the rent being charged based on local real estate market conditions).
Produced by Esme Caramello Created July 2008
