Students unfortunately are often easy targets for realtors and landlords looking to take advantage of newcomers to the real world. Here are some important rights all tenants are entitled to in the city of Boston that students should be aware of:
(1)Foreclosed buildings: In today's shaky economy, tenants can never trust that their landlords won't lose their building in the foreclosure crisis. But if this happens to you, don't panic. Only a judge can evict you. You have the right to stay in your building until brought to court - and even then you can request up to six months of tenancy before you have to move.
(2)Delivery standards: On Aug. 23, 2006, the city issued an ordinance establishing safety and quality standards a rental unit should be in when handed over to a new owner. If your landlord fails to meet any of these standards, they can be fined up to $300.
-The common area and interior of a dwelling must be in sanitary condition. Garbage, filth, or anything that could cause sickness is not permissible.
-Landlords and property owners who do not live in the building must provide you with reliable contact information, including name, address (P.O. Box only is not sufficient), and current and active telephone number.
-The property owner or landlord must provide the rental with both working smoke and carbon-monoxide detectors.
-Prior to leasing to a new owner, the space must be free of anything that could potentially endanger or materially impair the health or safety of the renters (this includes an array of problems, such as asbestos materials, failure to provide locks for the doors, or structural deformities).
(3)Deposits and charges: Some landlords like to try to convince student renters that they can charge them more than is sometimes legally the case. For example, security deposits can not legally exceed the cost of one month's full rent. Up front, the landlord can ask for the first and last months' rents, a security deposit, a lock fee, and a portion of a re-inspection fee. They cannot charge you any other fees, such as a holding fee or a pet fee. The landlord cannot also charge you a finder's fee, unless he or she is a licensed realtor. Charging for water use is also illegal in Boston.
(4)Drinking off campus: Everyone hates getting written up, but the situation can be a lot worse if you're caught hosting a rowdy party off campus by Boston Police. The sale, delivery, or furnishing of alcohol to person under 21 is illegal, and if caught doing so, a tenant can be sued civilly. Whether or not a party guest is 21, as the host you can still under certain circumstances be held liable for injuries caused by the guest to him or herself or to a third party.
(5)Boston zoning codes: A new zoning code, passed last March, makes it illegal for more than four unrelated students to live together in an apartment in the city. It is important to know, however, that the property owners (not the tenants) are responsible for compliance, and any violations will be issued against them. This year's students looking to move off campus will be the first to see the effects of this code (the new code did not impact housing for off-campus students last year, because it is only in effectfor leases signed after March 13, 2008).
(6)Anti-discrimination laws: Under Massachusetts law, it is illegal to discriminate in housing deals on the basis on sex, religion, race, age, national origin, ancestry, military background, sexual preference, marital status, or handicap. If you feel your rights are being abused, you can contact the Massachusetts Commission Against Discrimination(MCAD) at 617-994-6000.
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