Are you thinking about listing your property as a short-term rental or do you already have a property listed as a short-term rental in Massachusetts? If so, then you may know there are laws specific to short-term rentals you must abide by. The rules can be complex and failure to comply can mean penalties. Having an experienced short-term rental attorney guide you through the process is the only secure way to make sure you do not encounter any legal issues.
At Sandonato Law, we help our clients understand local laws and Massachusetts new short-term rental law as much as we make sure you are in compliance. Contact us today if you have questions about your short-term rental in the greater Boston metropolitan area.
What constitutes a short-term rental in Massachusetts?
A short-term rental is an occupied property where at least one room is rented out by an "operator" through advance reservations. An operator is a person who operates a short-term rental. Short-term rentals are rented spaces that do not exceed 31 consecutive calendar days and can include:
To be clear, a short-term rental is not a hotel, motel, lodging housing, or bed and breakfast establishment. It is also not a time-share or a month-to-month tenancy.
An intermediary (or operator's agent) may be used in place of an operator to arrange and collect rent for a short-term property rental. An intermediary can be a broker, but today is more commonly a hosting platform, like:
What does Massachusetts Law Require from Short-Term Rentals?
Boston has been home to some of the strictest laws in the country regulating short-term rentals. But on July 1, 2019, a new state law came into force, providing for greater regulation and taxation of the industry as well as allowing local governments – like Boston – to continue to enforce their own regulations.
This new state law requires the following from short-term rental hosts:
Under the new state law, local governments regulate licensing and registration, health and safety, and other matters directly related to short-term rentals.
Boston specifically requires city registration for short-term rentals and does not allow short-term rentals in apartments or in a property where owners do not live.
State-wide, short-term rental platforms must:
What are common legal issues that arise with short-term rentals in Massachusetts?
Short-term rental operators or intermediaries can face certain legal issues involving their rental units. Of particular concern are illegal rented spaces and the profits obtained from those rentals.
Many of the legal issues that often arise with short-term rentals are addressed in the state's new short-term rental law. These issues were/are:
Contact a Short-Term Rental Attorney in Boston Today
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