1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
Massachusetts Lead Law (MGL c.111 §197)
Massachusetts has one of the strictest lead paint laws in the nation. Under the Massachusetts Lead Law, owners of residential properties built before 1978 where a child under six years of age resides must have the property inspected for lead paint and must remove or cover any lead paint hazards (de-lead). The law applies to all painted surfaces accessible to children, including interior and exterior surfaces. Property owners who comply with the Lead Law are protected from personal injury liability related to lead paint under certain conditions (the "lead paint liability shield").
A Letter of Compliance from a licensed lead inspector certifies that a property has been de-leaded. If applicable, the status of lead paint inspection and any Letter of Compliance or Letter of Interim Control will be disclosed in your lease agreement.
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or the Massachusetts Childhood Lead Poisoning Prevention Program at (800) 532-9571.
2. Security Deposit
Deposit Limits
Pursuant to MGL c.186 §15B, the security deposit is limited to a maximum of one (1) month's rent. A landlord may not require any additional payments at the beginning of a tenancy beyond first month's rent, last month's rent, the security deposit (one month maximum), and the cost of a new lock and key.
Deposit Handling
The security deposit must be held in a separate, interest-bearing account in a Massachusetts bank. The landlord must provide the tenant with a receipt containing:
- The amount of the deposit
- The name and location of the bank where the deposit is held
- The account number
- A description of the condition of the premises at the time of the deposit, using the Statement of Condition
The landlord must pay the tenant interest on the security deposit annually, at the rate paid by the bank, or five percent, whichever is less. If the landlord fails to pay annual interest, the tenant may deduct the interest from the next month's rent.
Return of Deposit
Within thirty (30) days after the termination of occupancy, the landlord must return the security deposit or provide an itemized list of deductions with sworn statements. Permitted deductions are limited to:
- Unpaid rent (not including last month's rent if already collected)
- Unpaid tax increases attributable to the tenant
- A reasonable amount for repairing damage caused by the tenant beyond ordinary wear and tear
- Unpaid water charges
3. Statement of Condition
Pursuant to MGL c.186 §15B(2), at or prior to the commencement of any tenancy, the landlord must furnish the tenant with a separate written statement of the present condition of the premises, including a comprehensive list of any existing damage. This Statement of Condition must be provided within ten (10) days of the commencement of the tenancy or upon receipt of the security deposit, whichever is later.
Tenant's Right to Amend
The tenant has fifteen (15) days after receiving the Statement of Condition to review and amend it. The tenant should note any damage or conditions that were not listed in the landlord's statement and return the amended statement to the landlord. Any damage not listed on the Statement of Condition (as amended by the tenant) may not be deducted from the security deposit at the end of the tenancy.
Month2Month will provide a detailed Statement of Condition at move-in, including photography of all rooms and furnished items. Tenants are encouraged to carefully review and amend the statement within the 15-day period.
4. Owner and Property Manager Information
Pursuant to MGL c.186 §21, every landlord or lessor of residential real property, or the agent thereof, must disclose in writing the name and address of the owner or lessor and the name and address of the person authorized to manage the premises and the person authorized to receive service of process and receive all notices and demands.
Your lease agreement contains the specific owner information, property manager contact information, and emergency maintenance contact for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
5. Smoke Alarms and Carbon Monoxide Detectors
All Month2Month rental properties are equipped with operable smoke alarms and carbon monoxide detectors installed in compliance with Massachusetts law. Pursuant to MGL c.148 §26F, smoke detectors must be installed on every habitable level, in every sleeping area, and at the top and bottom of all stairways. Carbon monoxide detectors are required on every habitable level that contains a fossil-fuel-burning device (including furnaces, water heaters, stoves, and fireplaces) or an enclosed parking garage.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke alarm or carbon monoxide detector. This is a violation of Massachusetts law and may result in a fine.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
- If you hear the carbon monoxide alarm sound continuously, evacuate immediately and call 911.
Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy. The local fire department will inspect smoke and CO detectors as part of the Certificate of Occupancy process required when a new tenant moves in.
6. Mold Disclosure
Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. You have a right to know about mold in your rental unit and how to prevent it.
Month2Month is not aware of any mold in the rental property that exceeds permissible exposure limits or poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action in accordance with Massachusetts law.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
Under the Massachusetts State Sanitary Code (105 CMR 410.000), landlords are required to maintain rental properties in habitable condition. The presence of mold that constitutes a health hazard is a violation of the Sanitary Code.
7. Bed Bug Disclosure
Under the Massachusetts State Sanitary Code, the owner is responsible for maintaining the dwelling free from all insects, rodents, and vermin. Bed bug infestations constitute a violation of the Sanitary Code, and the landlord is responsible for professional extermination.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If bed bugs are discovered, Month2Month will arrange professional pest control treatment.
8. Domestic Violence Protections
Right to Terminate Lease Early
Pursuant to MGL c.186 §24, a tenant who is a victim of domestic violence, rape, sexual assault, or stalking may terminate a rental agreement by providing the landlord with a written statement that the tenant, or a member of the tenant's household, is a victim, along with supporting documentation. The tenant must provide at least 30 days' notice or pay 3 months' rent (whichever is less) as liquidated damages.
Right to Request Lock Changes
Pursuant to MGL c.186 §26, a tenant who is a victim of domestic violence, rape, sexual assault, or stalking may request that the landlord change the locks to the dwelling unit. The landlord must change the locks within two business days of receiving a written request with qualifying documentation. If the landlord fails to do so, the tenant may change the locks and deduct the reasonable cost from rent.
Protection from Eviction
Pursuant to MGL c.186 §25, a landlord may not terminate a tenancy, refuse to renew, or retaliate against a tenant who is a victim of domestic violence, rape, sexual assault, or stalking based on acts of such violence against the tenant or a household member.
Resources
- National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
- SafeLink (MA DV Hotline): 1-877-785-2020
- Boston Area Rape Crisis Center: 1-800-841-8371
- National Sexual Assault Hotline: 1-800-656-4673
9. Energy Efficiency Disclosure
Massachusetts law requires landlords to disclose certain energy-related information to tenants. Prior to entering a lease, the landlord must provide the tenant with complete and accurate energy efficiency information, including:
- The type of fuel used for heating, water heating, and cooking
- The estimated annual energy costs for the unit, if available
- Any insulation or weatherization improvements made to the property
Massachusetts participates in the Home Energy Rating System (HERS) and Mass Save programs. Tenants may be eligible for energy efficiency programs through their utility providers. For more information, visit masssave.com.
If applicable to your property, specific energy efficiency information will be disclosed in your lease agreement.
10. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report, which forms part of the Statement of Condition required under MGL c.186 §15B.
11. Tenant Rights and Responsibilities
Your Rights
- Warranty of Habitability: Your rental unit must meet the standards of the State Sanitary Code (105 CMR 410.000), including adequate heat (minimum 68°F from September 16 through June 14), hot water, plumbing, electricity, and freedom from vermin and hazards.
- Privacy: Your landlord must give reasonable notice before entering your unit (except in emergencies) and may only enter for specific lawful purposes.
- Return of Security Deposit: Your deposit must be returned within 30 days after move-out, with an itemized statement of any deductions. Failure to comply may result in treble damages. (MGL c.186 §15B)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religious creed, national origin, sex, sexual orientation, gender identity, age, ancestry, marital status, disability, veteran status, children, public assistance, or genetic information. (MGL c.151B)
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including reporting code violations or withholding rent for habitability issues. (MGL c.186 §18)
- Repairs and Maintenance: You have the right to request repairs for health and safety issues. If the landlord fails to make repairs after proper notice, you may have the right to repair and deduct, withhold rent, or seek a court order. (MGL c.111 §127L)
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures through the courts and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing your belongings. (MGL c.186 §14)
- Quiet Enjoyment: You have the right to quiet enjoyment of your premises without interference by the landlord. (MGL c.186 §14)
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Avoid creating nuisances or disturbing other residents.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- Massachusetts Attorney General — Tenant Rights: www.mass.gov/ago
- Massachusetts Court System Self-Help: www.mass.gov/courts
- Massachusetts Legal Aid: www.masslegalhelp.org
- Domestic Violence Hotline: 1-800-799-7233
- Fair Housing Hotline: 1-800-669-9777
- Massachusetts Commission Against Discrimination: www.mass.gov/mcad