Legal Question in Landlord & Tenant Law in Massachusetts
Rental Agreement
My management never gave me a copy of my lease and I have no written documentation as to my terms of tenancy, rental fees, or nothing. Can you you direct me to law(s) that govern my situation? Am I at risk of eviction at will?
Does the landlord legally have to provide me some osrt of written rental agreement?
Thank you very much,
Leonard
1 Answer from Attorneys
Re: Rental Agreement
See:
Chapter 186: Section 15D Oral agreement to execute lease; delivery of lease copy; penalty; waiver
Section 15D. A lessor who has agreed orally to execute a lease and obtains the signature of the lessee shall, within thirty days thereafter, deliver a copy of said lease to the lessee, duly signed and executed by said lessor. Whoever violates any provision of this section shall be punished by a fine of not more than three hundred dollars. Any waiver of this provision in any lease or other rental agreement shall be void and unenforceable.
IF you have a lease, the above provision applies. Proving that the landlord (lessor) did not give you a copy will be difficult. You should send a written request for a copy, noting his failure to provide a copy, certified mail, return receipt. If you have something in writing from him acknowledging he has not sent you a copy, you don't have to do this.
If you did not sign anything, there is no lease.