Tips for Moving into Your New Apartment
Security Deposits and Last Month's Rent
When you move into a new apartment, your new landlord may legally require you (by Massachusetts law) to pay a first month’s rent, a last month’s rent and a security deposit. Neither the last month’s rent nor the security deposit can be greater than your first month’s rent. For example, if your rent would be $750.00 per month, your total for first and last month’s rent and your security deposit could not be greater than $2,250.00:
$750.00 first month’s rent
+$750.00 last month’s rent
+$750.00 (or less) security deposit
=$2,250.00 total
NOTE: Be sure to get a receipt for each payment that states why that money has been paid.
According to Massachusetts law, your landlord may also legally require you to pay for the actual cost of installing a new lock and key.
Common Questions Regarding Security Deposits
Why does a landlord ask for a security deposit?
What is required of the landlord if s/he receives a security deposit?
What happens to my security deposit if my building is sold?
How soon can I receive my security deposit after I move out?
Under what circumstances can my landlord deduct money from my security deposit?
What is last month’s rent?
Common Questions about Other Basic Requirements
Who is required to pay for my utilities?
Who is required to pay for water?
Who is responsible for maintaining my apartment?
Can I paint or make alterations in my new apartment?
Who is responsible for exterminating pests?
What appliances must be provided by my landlord?
Who is responsible for trash and garbage?
What can I do about noisy neighbors?
Does my landlord’s insurance on the building cover my personal property as a tenant?
Answers to Common Questions Regarding Security Deposits
Why does a landlord ask for a security deposit?
The security deposit protects the landlord in case the tenant damages the apartment or leaves owing back rent. Sometimes a landlord will not ask for a security deposit, or may negotiate with the tenant to pay it in installments.
What is required of the landlord if s/he receives a security deposit?
The landlord must give you a Statement of Condition of Premises form (links to a sample of this notice) on which s/he lists all damages and code violations that existed before you started your tenancy. S/he must give you this form within 10 days of when you move in, or 10 days of when you paid your security deposit, whichever comes later. You should carefully review this document and return a signed copy to the landlord within 15 days of the date you received it. Both you and your landlord must sign this statement.
The landlord must give you a receipt for the security deposit, which includes the name of the landlord (or agent, if you paid someone other than the landlord), the amount of the deposit, the name of the person you paid, and the date on which it was paid. Your landlord must place the security deposit in an interest-bearing bank account separate from his/her own money and give you a written statement with the name of the bank, the bank account number, and the amount of your deposit.
If your landlord fails to do any of the above within 30 days of receiving your security deposit, you have the right to require that your security deposit be returned to you. In some instances, you may be entitled to triple damages, plus payment of your court costs and reasonable attorney’s fees.
At the end of each year, your landlord is required to either pay you the interest earned on your security deposit, (up to a maximum of 5%), or allow you to deduct it from the following month’s rent. (You are required to be a tenant for at least one year for this interest rule to apply to security deposit monies.)
What happens to my security deposit if my building is sold?
The new owner has to give you a written notice of his/her ownership, where the security deposit is held with the account number, and his/her name, business address and telephone number. Your former landlord must transfer your security deposit to the new owner within 45 days of the date of the sale of the property. Even if the new owner did not receive the security deposit from the old owner, either the new owner or the former owner can be liable to return the deposit to you when you move out.
How soon can I receive my security deposit after I move out?
Your landlord must return your deposit, with interest due, within 30 days of when you move out. Be sure to leave a forwarding address so that the landlord can send your deposit to you.
Under what circumstances can my landlord deduct money from my security deposit?
If your landlord has met all the requirements of the security deposit law, s/he may deduct the exact cost (with receipts as proof) for repairs of damages (this does not mean “normal wear and tear”) you have caused and/or for any unpaid rent. (Links to poor physical conditions page)
What is last month’s rent?
Last month’s rent is your prepayment to the landlord for the last month of your tenancy. Each year, your landlord is required to pay you either 5% interest on the last month’s rent that s/he collected from you or, if s/he places it in an interest-bearing bank account, the rate which the bank account pays interest, up to a maximum of 5%. The interest can either be paid directly to you, or you can deduct it from the following month’s rent. Your landlord is not required to place your last month’s rent in an interest-bearing account, but if s/he does, it cannot be the same account that holds your security deposit. Unlike the situation with your security deposit, you do not have to live in your apartment for a full 12 months to be eligible for accrued interest on last month’s rent when you move out.
If you are a Section 8 (Housing Choice Voucher Program) tenant, the amount (if any) that your landlord can require you to pay him/her as a last month’s rent deposit depends on the nature of your voucher. Check with your local HCEC office for details.
Answers to Common Questions about Other Basic Requirements
Who is required to pay for my utilities?
Unless there is a written agreement (usually part of your lease or rental agreement) that requires you as the tenant to pay for heating your apartment, it is the landlord’s responsibility to do so. The same rule applies for your electricity. If your lease or rental agreement specifies that you’re responsible for paying for a utility (electricity, gas, oil, etc.), it is the landlord’s responsibility to make sure that you are individually metered for that utility. Unless otherwise provided for in your lease or rental agreement, the landlord is not responsible for telephone, cable or internet services. If your building has three or more units, your landlord must install a separate landlord’s meter for the purpose of metering electricity used in common areas such as hallways, entrances and basements. (If your building has three or fewer units, and if you have agreed to do so in writing, entrance or hallway lighting immediately adjacent to your apartment may legitimately be included on your electric bill.)
What about the water?
The State Sanitary Code requires the landlord to provide a safe, sufficient supply of water to his/her tenants. The landlord must provide the facilities (burners, furnaces, plumbing, etc.) for providing heat and hot water. The landlord is also responsible for paying for heating your hot water, unless your lease or some other written agreement states otherwise.
It is the landlord’s responsibility to pay for any rental fee that the utility company may charge for a hot water tank.
Your landlord is required by the State Sanitary Code to provide for proper sewage disposal. Water and sewer bills are the landlord’s responsibility, except under certain limited conditions. In order to charge you for water and sewer, the landlord must first have had a licensed plumber install a submeter that monitors your individual use of water, along with low-flow showerheads, faucets and water closets. S/he may then calculate the percentage of his/her overall water and sewer bill that corresponds to your individual usage, based on a comparison of the submeter readings with those of his/her water meter, and bill you accordingly. The landlord cannot impose these charges unless you have signed a written agreement that clearly and conspicuously provides for the charges and fully discloses the details of the submetering arrangement. S/he can only enter into such an agreement at the start of a tenancy. Because of the complexity of these regulations, you should check with your local HCEC program if you have any questions about water and sewer submetering.
Who is responsible for maintaining my apartment?
While the landlord has specific obligations to keep the building in decent, safe, and sanitary condition, as the tenant you are responsible for keeping your apartment in a clean and sanitary condition.
Any damages caused due to negligence or accidents are your responsibility. For the sake of good tenant/landlord relations, we recommend that you report such incidents to your landlord and cooperate with his/her efforts to make repairs. “Damages,” however, do not include the “normal wear and tear” of using an apartment. For example, a hole burned in the rug or a large hole in the wall would be considered damages. On the other hand, the path worn in the rug due to normal foot traffic or small holes (pin holes) from hanging pictures would be considered normal wear and tear.
Can I paint or make alterations in my new apartment?
Most leases and rental agreements prohibit painting the apartment without the consent of the landlord. It is advisable to get this consent in writing. It is not uncommon for a landlord to allow tenants to paint their own apartments with the landlord offering to pay for the paint. However, landlords are not required to paint apartments on any kind of regular schedule. In some situations, you might even be charged for damaging the apartment if you paint or make any other alterations without your landlord’s approval.
Similarly, if you have an agreement with your landlord to provide services (such as maintenance, repairs, painting, etc.) in lieu of paying rent, be absolutely sure to get the agreement in writing!
Who is responsible for exterminating pests?
In a building with two or more apartments, the landlord is responsible for keeping the building free of insects, rodents and other pests. In practice, the situation is less clear for a single-family house. Check with your local HCEC program for details.
What appliances must be provided by my landlord?
Your landlord must provide the apartment with a properly working stove unless s/he states otherwise in a written lease. It is not the responsibility of your landlord to provide a refrigerator, but if a refrigerator (or other major appliance) is present when the apartment is rented, the landlord must maintain it in good working condition.
Who is responsible for trash and garbage?
In buildings with three or more units, the landlord must provide enough watertight cans with tight-fitting lids (or other secure receptacles) to contain the amount of garbage accumulated before collection. In one- or two-family houses, the tenant is responsible for providing their own trash cans with tight-fitting lids and arranging for proper disposal (either to the curb for pickup day or to the local dump).
What can I do about noisy neighbors?
As a tenant, you have a responsibility to live in a peaceful way that respects your neighbors’ rights to privacy, “quiet enjoyment” and freedom from harassment. It is generally recommended that there be no excessive noise between the hours of 11:00 PM and 7:00 AM.
If your neighbors are continually disturbing you, try to get them to consider mediation as a way to solve the dispute. The Housing Consumer Education Center staff can provide assistance in locating mediation services. Ultimately, it is your landlord’s responsibility to assure your right to “quiet enjoyment” of your apartment, so it is his/her responsibility to protect you against the excessive actions of other tenants.
Does my landlord’s insurance on the building cover my personal property as a tenant?
No. If you wish to have your personal belongings insured against fire and theft you must do so at your own expense. If the landlord does have property insurance, the law requires that it cover relocation costs for the tenant in case of fire.
