Legal Question in Landlord & Tenant Law in Massachusetts

landlords and rent

My rent right now is $900/month. My landlord gave me something to sign (which I have not signed yet) that states that my rent is now $1,000/month BUT if I pay the whole $900 by the 5th of every month, I only have to pay the $900, not $1,000. If I don't have the whole $900 by the 5th of every month I have to pay an extra $100. Is this legal, and should I sign it?


Asked on 8/14/07, 7:35 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: landlords and rent

The answer depends on whether you have a written lease.

In a majority of cases, if your written lease allows it, then s/he may do it.

If you are in a month-to-month tenancy without a written lease, then it is likely that he can institute a new policy, so long as he gives you at least 30 days notice.

Here, it appears that he is essentially instituting a $100.00 penalty for late payments. That is extremely high, but may be allowed.

Please feel free to contact me should you have any further questions. If you do have a month-to-month tenancy, you are free to quit the tenancy with 30 days notice as well.

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Answered on 8/15/07, 9:35 am


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