Legal Question in Real Estate Law in Massachusetts

Re: Requirements of a landlord

In Massachusetts, landlords are not required to provide refrigerators unless there is an agreement

between landlord and tenant for the landlord to provide one.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road

Re: Requirements of a landlord

I checked with an attorney more experienced in this area. If you wish

to use him (he has an office in Boston but will travel) or me (same),

call me; I'm willing to hook you up directly with him but not until I

ask him, which I haven't done. Meanwhile, you ought not to be able to

sue him for malpractice, even if he's wrong, because he doesn't even

know I gave his opinion to you!

There's no law requiring a landlord to provide a refrigerator, although

most do. However, under G.L. c.186, s.14, if the landlord starts out

supplying a refrigerator, he has to continue to do so or he can be sued for

three months' rent plus attorneys fees. Many landlords miss that one and

when the refrigerator breaks down refuse to repair or replace it.

Here's the text of the law Joe cited:

Section 14. Any lessor or landlord of any building or part thereof occupied for dwelling purposes, other

than a room or rooms in a hotel, but including a manufactured home or land therefor, who is required by

law or by the express or implied terms of any contract or lease or tenancy at will to furnish water, hot

water, heat, light, power, gas, elevator service, telephone service, janitor service or refrigeration service to

any occupant of such building or part thereof, who willfully or intentionally fails to furnish such water, hot

water, heat, light, power, gas, elevator service, telephone service, janitor service or refrigeration service at

any time when the same is necessary to the proper or customary use of such building or part thereof, or

any lessor or landlord who directly or indirectly interferes with the furnishing by another of such utilities

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Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Requirements of a landlord

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or services, or who transfers the responsibility for payment for any utility services to the occupant without

his knowledge or consent, or any lessor or landlord who directly or indirectly interferes with the quiet

enjoyment of any residential premises by the occupant, or who attempts to regain possession of such

premises by force without benefit of judicial process, shall be punished by a fine of not less than

twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six

months. Any person who commits any act in violation of this section shall also be liable for actual and

consequential damages or three month's rent, whichever is greater, and the costs of the action, including a

reasonable attorney's fee, all of which may be applied in setoff to or in recoupment against any claim for

rent owed or owing. The superior and district courts shall have jurisdiction in equity to restrain violations

of this section. The provisions of section eighteen of chapter one hundred and eighty-six and section two

A of chapter two hundred and thirty-nine shall apply to any act taken as a reprisal against any person for

reporting or proceeding against violations of this section. Any waiver of this provision in any lease or

other rental agreement, except with respect to any restriction on the provision of a service specified in this

section imposed by the United States or any agency thereof or the commonwealth or any agency or

political subdivision thereof and not resulting from the acts or omissions of the landlord or lessor, and

except for interruptions of any specified service during the time required to perform necessary repairs to

apparatus necessary for the delivery of said service or interruptions resulting from natural causes beyond

the control of the lessor or landlord, shall be void and unenforceable.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.

Re: Requirements of a landlord

What does it say in the lease? (Is there a lease?)

If there wasn't one there when it was being shown,

and nothing is said about it on the lease, you probably

DON'T have to provide one.

I don't believe that there are town ordinances or

city by-laws on that subject, at least not in any

that I know of. What city or town is it in? Let

me know if you need that checked.

Are you completely redoing the apartment before they

move in? (If you're planning to do it while they are

there, I'd like to suggest you call me first; the laws

may surprise you.)

If before, then why not cap it off with a nice new matching

fridge (matching in size and color) and get it done yourself

instead of letting tenants hire people to bring in some used

lousy used fridge with the movers that may bang up walls, ....

just a thought.

Call me if you like at (617)527-0050 or, if you are out of the

area, use (888)527-0050 toll-free or write to me at [email protected]

with more details for more information.

Good luck.

Stuart Williams

Law Offices of Stuart J. Williams

21 Walter St.