Before you move in

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By
Massachusetts Law Reform Institute
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It is important to know how you can protect your rights as you look for and move into an apartment. Here are some things to know and do before you agree to rent an apartment in Massachusetts.

You can also download a printable version of this article as a 2-page PDF handout.

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Check out the apartment

Before you rent a place, go look at it. Walk around the entire apartment and the building. An apartment must be in good condition before a landlord rents it.

Get and keep good records
  • Read your lease carefully before signing it. See Understanding Your Lease as a Tenant.
  • Only pay the landlord cash if they can give you a receipt right away.
  • Get a receipt for any money you pay the landlord. If the landlord does not give you one, use our Rent Receipt (Form 2).
  • If you pay a security deposit, the landlord must give you a receipt within 30 days. If they do not, use Security Deposit and Last Month’s Receipt (Form 4).
  • Keep copies of all written communications (letters, texts, and emails) between you and your landlord.
  • Keep receipts for rental payments, the security deposit, and other payments.
  • Get all agreements in writing. If the agreement is not written and you disagree later, it will be your word against your landlord’s. 
Rent

Landlords of private, unsubsidized housing can charge as much rent as they want. To learn more, see Rent Basics.

Security deposit and other charges

When you move in, landlords can only charge you for:

  • First and last month’s rent,
  • A new lock and key, and
  • A security deposit that is no more than 1 month’s rent.

Landlords must not charge other fees, like pet, cleaning, or application fees.

Utilities

Your landlord can only charge you for gas, electricity, hot water, and heat if:

  • Your apartment has separate meters for gas and electricity, and
  • You agree in writing to pay for utilities.

Usually the landlord must pay for water. They can only bill you for water if:

  • There is a separate meter and there are low-flow toilets and showers,
  • You have agreed to pay for water in writing, and
  • The landlord has filed the right papers with the city or town. 
Repairs

Before or just after you move in, make a list of anything broken or damaged. Use the Housing Code Checklist (Booklet 2). Give your landlord the list. Keep a copy for yourself.

If the landlord agrees to make repairs, get it in writing. If they do not give you a written promise, write to them right away. Keep a copy of your communication. You could say:

"Thank you for agreeing to fix [problems] in apartment at [address] by [date]." 

If a landlord refuses to rent to you

Landlords use tenant screening agencies to find out about tenants. These agencies sell information about tenants including court cases, credit checks, employment verification, former rental addresses, and criminal record checks. Landlords also find information online. Some landlords refuse to rent to any tenant who has been to court. There is a new law that allows tenants in certain types of evictions with certain outcomes to seal their eviction record. See Eviction Record Sealing Basics.

If a landlord refuses to rent to you, ask why. You may be able to address their concern. See Chapter 2: Tenant Screening.

If a landlord refuses to rent to you, and you think it is because of your race, religion, or gender, or they are discriminating against you for another reason, see Chapter 7: Discrimination.

This is an overview article. For more information, see Legal Tactics, Chapter 1: Before You Move In.

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