Section 15C. No lease relating to residential real estate shall contain a provision which obligates a lessee to make payments to the lessor on account of an increased real estate tax levied during the term of the lease, unless such provision expressly sets forth (1) that the lessee shall be obligated to pay only that proportion of such increased tax as the unit leased by him bears to the whole of the real estate so taxed, (2) the exact percentage of any such increase which the lessee shall pay, and (3) that if the lessor obtains an abatement of the real estate tax levied on the whole of the real estate of which the unit leased by the lessee is a part, a proportionate share of such abatement, less reasonable attorney's fees, if any, shall be refunded to said lessee. Any provision of a lease in violation of the provisions of this section shall be deemed to be against public policy and void.
If the exact percentage of any such increased tax contained in such a provision is found to exceed that proportion of such increased tax as the lessee's unit bears to the whole of the real estate so taxed, then the lessor shall return to the lessee that amount of the tax payment collected from the lessee which exceeded the lessee's proportionate share of the increased tax, plus interest calculated at the rate of five per cent per year from the date of collection.
Structure Massachusetts General Laws
Part II - Real and Personal Property and Domestic Relations
Title I - Title to Real Property
Chapter 186 - Estates for Years and at Will
Section 1a - Land Demised for Term of 100 Years or More Regarded as Estate in Fee Simple
Section 3 - Tenancy at Sufferance; Liability for Rent
Section 4 - Liability of Tenant for Rent for Proportion of Land in Possession
Section 5 - Action to Recover Rent; Evidence
Section 6 - Survival of Action
Section 7 - Remedies of Landlords
Section 8 - Recovery of Rent Accruing Before Determination of Lease
Section 9 - Recovery of Rent Paid in Advance
Section 10 - Rent as a Necessary
Section 11 - Determination of Lease for Nonpayment of Rent
Section 11a - Termination of Lease for Nonpayment of Rent
Section 12 - Notice to Determine Estate at Will
Section 13 - Recovery of Possession After Termination of Tenancy at Will
Section 15 - Non-Liability of Landlord; Provisions in Lease or Rental Agreement
Section 15a - Waiver of Notices; Lease or Rental Agreement Provisions; Validity
Section 15c - Residential Real Estate, Lease Payments Based on Real Estate Tax Increases
Section 15d - Oral Agreement to Execute Lease; Delivery of Lease Copy; Penalty; Waiver
Section 15e - Action Against Owner; Injuries Due to Defects Violating Building Code; Defense; Waiver
Section 16 - Leases or Rental Agreements Restricting Occupancy of Children
Section 17 - Occupancy Constituting Tenancy at Will; Termination
Section 20 - Attorneys' Fees and Expenses; Residential Lease Provisions; Implied Covenant; Waiver
Section 21 - Disclosure of Insurance Information by Lessor; Violations; Waiver
Section 23 - Definitions Applicable to Secs. 23 to 29
Section 28 - Waivers of Secs. 23 to 27 Void and Unenforceable
Section 29 - Owner Immunity From Liability
Section 30 - Inspection of Vacated Property for Presence of Abandoned Animals