Short-term and furnished rentals

What a short lease looks like here

The Greater Boston market runs on twelve-month leases that start on September 1. Units that come open at other times are often re-let to line up with that cycle, and a lease that starts in another month can push the next turnover off that cycle as well. That is why many owners prefer a short first lease that ends on August 31 over one that starts in the spring and runs a full year.

Short terms are easier to find in the city than in the suburbs, and most are furnished. Listings for them often say the term is fixed and will not be renewed. Read that line before you plan a longer stay.

Long-term rentals are almost always unfurnished. If you need furniture and are staying a year, compare a short furnished lease with an unfurnished lease plus buying or renting furniture.

Fixed term or tenancy at will

A fixed-term lease, whether six months or eleven, ends on the date written in it. Neither side can end it early unless the lease allows it, both agree, or applicable law permits termination in a specific situation; our guide to breaking a lease explains those cases. If you might leave sooner, negotiate an early-termination clause before you sign rather than after.

A tenancy at will, often called month-to-month, has no end date. Under state law it ends only after written notice. When rent is paid monthly, the notice must be received at least one full rental period or 30 days ahead, whichever is longer, and the end date must fall at the end of a rental period. A landlord’s notice can also offer a new tenancy on different terms.

Month-to-month gives flexibility to both sides. The tenant can leave with notice, and the owner can end the tenancy or change the rent with notice. If you need certainty for a fixed number of months, a written fixed-term lease is the safer choice.

Nightly rentals and subletting

Boston regulates stays of fewer than 28 consecutive days as short-term rentals. Only owner-occupied condominiums and owner-occupied one-, two- and three-family buildings are eligible, and in a two- or three-family building the owner-occupant must own all the units. The owner must live there as a primary residence, which the city defines as at least nine months out of twelve. Besides the unit they live in, an owner may register only one additional unit, as an owner-adjacent unit, so the owner of a three-family cannot offer both other apartments for short stays. Each eligible unit offered this way must be registered with the city, and the registration number must appear on every listing. The ordinance makes the owner the only person who may offer the unit. A tenant who lists a rented apartment for nightly stays in Boston is breaking the city’s rules as well as, almost certainly, the lease.

State tax law treats an occupancy of 31 consecutive days or fewer as a short-term rental subject to the room occupancy excise, including tenant-occupied property. Tenancies at will and month-to-month leases are outside the excise. Other cities and towns set their own rules, so check before listing anywhere.

Subletting a regular lease for a summer or a semester is a different question, and it depends on your lease. Most leases require the landlord’s written consent. Our guide to breaking a lease explains subletting and assignment in detail.

Deposits and inventory in a furnished unit

Furniture does not change what an owner may collect. Under state law, at or before the start of the tenancy the owner may require only the first month’s rent, the last month’s rent at the same rate, a security deposit no larger than the first month’s rent, and the cost of buying and installing a new lock and key. There is no separate furniture deposit. The deposit section does not apply to a rental of 100 days or less that is for a vacation or recreational purpose, so check which kind of rental you are signing.

Where a deposit is taken, the usual rules apply on a short lease as on a long one: the statement of condition and your window to add to it, the 30-day deadline after the tenancy ends to return the deposit with interest, and the limited deductions. Our guide to moving out and getting your deposit back explains each step. Ask for an item-by-item inventory with condition notes, attach it to the lease and photograph each piece on move-in day; with a furnished unit, that list is what separates normal use of a sofa or mattress from damage.

Utilities on a short lease

Short leases often keep the utility accounts in the owner’s name, with the rent quoted as including utilities. That is simpler for a stay of a few months, and it matches the State Sanitary Code: an owner can make a tenant pay for electricity or gas only when the service is for that unit alone, through its own meter, under a written agreement.

If the lease says utilities are included, ask what that covers: heat, hot water, electricity, gas, internet, and whether there is a cap. If you will pay some yourself, open the accounts before you move in, as you would on a longer lease.

Read the lease for who handles internet and cable equipment. Returning a router or set-top box late can lead to a charge on your own account after you leave.