Thursday, April 24, 2008

Rent Money

Q: “My year round rental tenant just told me that rent is not legally due until the end of the month. When is rent legally due in Massachusetts?”

A: The word legally in the question makes the answer pretty straightforward. If it were worded, “When is rent due in Massachusetts?” I’d respond by asking you to check your lease agreement with your renter.

Typically, leases state that rent is due on the first of the month unless a renter (Lessee) has a special agreement with the landlord (Lessor). However, per the Tenant/Landlord laws that governs this relationship in Massachusetts, rent is not considered late until after the 30th of the month.

This isn’t license for your tenant to pay rent on the 30th. The written lease agreement should state the date that rent is due. If you have an agreement with your Lessee to pay the rent on the first of the month, that is when it is due. If the Lessee does not, you reserve the right to start eviction proceedings as soon as the second of the month. If your Lessee pays rent consistently late you may be inclined not to renew the lease.

As a Lessor, knowing the laws in Massachusetts as they pertain to year round rentals is important. Please check with your attorney for any legal advice on this matter. You may also want to visit www.lawlib.state.ma.us/landlord.html for more information on the Tenant/Landlord Laws in Massachusetts.

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