Under Massachusetts law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Massachusetts General Laws Chapter 186, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Massachusetts
In Massachusetts, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Massachusetts’ habitability requirements:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | Usually | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Massachusetts
Landlords must make necessary repairs in a timely manner. In Massachusetts, repairs must be made usually within 14 days after getting written notice from tenants.
If repairs aren’t made in a timely manner, Massachusetts tenants can sue for costs, or a court order to force the landlord to make repairs. They can also make repairs and deduct from the rent.
Tenant Responsibilities in Massachusetts
Aside from paying rent in a timely manner, Massachusetts tenants are required to:
- Keep the unit in a clean and habitable condition
- Keep fixtures clean and sanitary
- Perform small repairs and maintenance
- Not disturb other tenants or neighbors
Evictions in Massachusetts
Massachusetts landlords are permitted to evict tenants for the following reasons:
- Nonpayment of Rent: If a tenant does not pay rent by the due date, then a Massachusetts landlord may file a 14-Day Notice To Quit. If the tenant remains on the property after the notice period, then the landlord may pursue formal eviction.
- Lease Violation: Massachusetts law does not require landlords to correct a lease violation; however, a landlord must provide a 7-Day Notice To Quit before a formal eviction process can begin.
- No Lease / End of Lease: If a tenant remains in the dwelling unit after the rental term has expired, then a landlord must give the tenant notice before evicting them. Regardless of the type of tenancy, a landlord shall issue a 30-Day Notice To Quit.
- Illegal Acts: Massachusetts landlords have broad authority to determine which illegal acts warrant eviction. For at-will tenants who pay rent on a daily or weekly basis, landlords must give them a 7-Day Notice To Quit. If a tenant is not considered “at-will” Massachusetts law doesn’t specify how much written notice should be given.
Landlords are not permitted to evict tenants in retaliation or for discriminatory reasons, as well as for joining a tenant union or taking legal action against another household member for alleged domestic abuse.
Landlord Retaliation in Massachusetts
It’s illegal for Massachusetts landlords to retaliate with any substantial change in the tenancy against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Massachusetts
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: Landlords must not collect a security deposit greater than the first month’s rent
- Inventory Requirement: Landlords must provide a written statement describing the condition of the rental unit at the start of the lease term within ten days after the start of the tenancy
- Holding Requirement: Landlords must hold security deposits in an interest-bearing account
- Interest Requirement: After the security deposit has been held for one year, landlords must provide interest at a rate of 5% or the actual rate of interest paid by the bank, whichever is lower
- Receipt Requirement: Landlords are required to provide receipts for security deposits that list the amount, the date it was received, the name and signature of the person receiving it, and a description of the rental property
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, water bills, damage excluding normal wear and tear, and real estate taxes
- Time Limit for Return: 30 days
- Max. Penalty for Late Return: Tenants can sue for three times the amount due plus 5% interest, court costs, and attorneys’ fees
Lease Termination in Massachusetts
Notice Requirements: If a tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | Same amount as average pay interval (normally 3 months) |
Early Termination: Massachusetts tenants may legally break a lease early for the following reasons:
- Early termination clause
- Active military duty
- Landlord harassment
- Domestic violence
Cost of Breaking a Lease in Massachusetts
If a Massachusetts tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Massachusetts
Massachusetts does not have rent control and state law prohibits cities and towns from creating their own rent control laws unless participation by landlords is completely voluntary.
Because Massachusetts does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ written notice or equal to the frequency of rent payments, whichever is longer. For example, if a tenant pays rent every two months, they must be given 60 days’ notice before a rent increase.
Housing Discrimination in Massachusetts
Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Massachusetts state law adds extra protections for tenants on the basis of income source, sexual orientation, gender identity, age, marital status, military status, or genetic information.
Discriminatory Acts and Penalties: The state’s Attorney General Civil Rights Division handles housing discrimination complaints. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected class:
- Refusing to rent
- Providing different terms, conditions, or privileges
- Steering tenants into certain neighborhoods
- Refusing to make reasonable physical accommodations
- Refusing to provide certain financial services
- Threatening to report tenants or anyone related to them to immigration authorities
The Attorney General does not list specific punishments for discrimination, so it is assumed that each penalty is handled on a case-by-case basis.
Additional Landlord Tenant Regulations in Massachusetts
In addition to having laws that address general issues like repairs and security deposits, most states, including Massachusetts, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Massachusetts
Massachusetts law allows a landlord to enter an occupied property only for the purposes of inspections, maintenance, and property showings (or with a court order). While there isn’t a general law covering advance notice for all types of entry, almost all repair and code compliance work requires at least 48 hours of notice before entry.
Rent Collection and Related Fees in Massachusetts
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords must provide a grace period of 30 days for the payment of rent before charging a late fee
- Maximum Late Fee: No limit, except it must be reasonable
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Only required for last month’s rent paid in advance
Small Claims Court in Massachusetts
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount they believe they are owed is less than $7,000. The small claims limit does not include damages, court costs, and attorneys’ fees that may be awarded by a judge in some circumstances. The process takes approximately one to two months.
Mandatory Disclosures in Massachusetts
Massachusetts landlords must make the following mandatory disclosures:
- Landlord’s Name and Address (required for all leases) – Massachusetts leases must contain the name and contact information of the landlord or authorized agent. This enables smooth communication of any important legal notice. Massachusetts law requires the availability of a contact telephone number. The landlord must either monitor the number every twelve hours, or provide an alternative contact for periods of temporary absence.
- Notice of Occupants’ Legal Rights and Responsibilities (required for all leases) – Massachusetts landlords must provide tenants with a notice from the Department of Health discussing tenant rights and remedies related to repairs. This notice may be personally delivered, posted next to the mailboxes, or posted inside the premises.
- Security Deposit Holdings (required for some leases) – Massachusetts landlords collecting a security deposit must disclose the bank and account number holding the deposit. This lets the tenant verify the funds are handled correctly.
- Security Deposit Receipt (required for some leases) – Massachusetts landlords who have collected a security deposit must provide a receipt of the security deposit. The time limit for this is after receiving the deposit, or within 10 days after the beginning of the tenancy (whichever is later).
- Move-In Checklist (required for some leases) – Massachusetts landlords must provide a move-in checklist within 10 days of move-in, outlining any existing property damage. The checklist must also have a 12-point, bold faced notice provided by statute, regarding appropriate deductions. The Massachusetts Legal Help Institute also provides move-in forms which may be useful to new tenants.
- Lead-Based Paint Disclosure (required for some leases) – For any property built before 1978, federal law requires that a Massachusetts residential lease must contain a lead-based paint disclosure with an EPA informational pamphlet, plus notice of any lead hazards on the property.
Changing the Locks in Massachusetts
Massachusetts tenants can change locks without permission, as long as the landlord keeps his relevant rights of access. Tenants may request that a landlord change the locks if they are the victim of domestic abuse. Landlords are forbidden from changing the locks as this is an illegal form of “self-help” eviction.
How To Report a Massachusetts Landlord for Unsafe Living Conditions
When a Massachusetts landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Additional Resources for Massachusetts Renters
Many cities in Massachusetts have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations. There is also information in the resources linked below.
A Massachusetts Consumer Guide to Tenant Rights and Responsibilities
The Attorney General’s Guide to Landlord and Tenant Rights
Sources
- 1 105 Mass. Reg. 410.003(E)
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Every occupant of a residence, upon reasonable notice and if possible by appointment, shall give the owner thereof, or the owner’s representative, access to the residence for the purpose of effecting compliance with the provisions of 105 CMR 410.000. Access shall be at a reasonable time and shall include, but not be limited to, any cooperation required for repairs, alterations, pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the occupant, except for emergency repairs for which no notice is required.
- 2 940 CMR, § 3.17
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It shall be an unfair or deceptive practice for an owner to:
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(b) fail to give to the tenant a written receipt indicating the amount of rent in advance for the last month of occupancy, and a written receipt indicating the amount of the security deposit, if any, paid by the tenant, in accordance with M.G.L. c. 186, s. 15B.
Source Link - 3 105 Mass. Reg. 410.400
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(A) Every owner of a residence who does not reside therein shall post signage, which contains the owner’s name, street address and telephone number, and, if applicable:
(1) The name, street address and telephone number of the president of the corporation;
(2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or
(3) The name, street address and telephone number of a property manager who does not reside in the building.
(B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence.
(C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants’ Legal Rights and Responsibilities issued by the Department;
(D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants.
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