Legal Question in Real Estate Law in Massachusetts

Re: Amount in a year a landlord can raise the rent

Rent control was repealed in this state. As a result, there is no control on the amount

a landlord charges. However, the landlord can't raise rent in retaliation for actions by

the tenant.

Re: Amount in a year a landlord can raise the rent

I assume you're talking about residential housing.

Write to me directly at [email protected] if you're asking

about a commercial lease.

Since rent controls have been lifted generally, the usual answer

is no, there's no limit to the amount by which a landlord can raise

a tenant's rent. (Obviously it cannot be raised during a lease term

when the lease contains a fixed rent or a rent adjustment clause, however.)

There are exceptions. The most notable is the retaliatory eviction situation,

wherein a landlord raises rent in response to any of several tenant activities

designed to enforce the tenant's rights under the law or right to establish a

tenant's union. When an abnormally large rent increase is made within 6 months

such a tenant activity, the law creates a presumption in the tenant's favor that

the reason for the rent increase was illegal and retaliatory. That means the

landlord must present enough evidence to convince a judge or jury that it wasn't.

Even beyond that 6 month window, a tenant can present enough evidence to establish

in court that the increase was retaliatory (and thus illegal) but the burden of proof

switches to the tenant.

I think there are other exceptions. Section 8 (Federal) or State housing comes to

mind as another example.

Tell me the facts of your case and I'll see what I know and what I would advise.

(617) 527-0050,

Stuart Williams,

Law Offices of Stuart J. Williams,

21 Walter St.,

Newton, MA 02459-2509