Rent Increase Facts | Answer |
Reason Needed? | No |
Maximum Amount | None |
Required Notice | 30 Days or Frequency of Rent Payments |
Does Massachusetts Have Rent Control Laws?
Massachusetts does not have rent control laws limiting the amount landlords may ask for. State law prohibits local governments from establishing local rent control laws unless participation by landlords is completely voluntary .
When Can a Landlord Raise Rent in Massachusetts?
Landlords in Massachusetts can raise the rent at any time, as long as they comply with the following:
- Give reasonable notice
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
If a lease agreement contains a provision that allows for a rent increase during the lease term, it must state clearly and conspicuously the terms and conditions of the rent increase including the exact amount of the increase. The only exception where the lease won’t state the exact amount is for a tax escalator clause .
When Can’t a Landlord Raise Rent in Massachusetts?
Landlords in Massachusetts may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
- It is done in response to a protected tenant action, such as filing a complaint. This is known as “retaliation” .
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
How Often Can Rent Be Increased in Massachusetts?
Landlords in Massachusetts can increase the rent as often as they want as long as sufficient notice is provided each time.
How Much Can a Landlord Raise Rent in Massachusetts?
In Massachusetts, landlords can raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
How Much Notice is Needed to Raise Rent in Massachusetts?
Massachusetts law requires that landlords give at least 30 days’ notice for a tenancy-at-will before increasing rent, or the amount of time equal to the frequency of rent payments (e.g. every two months), whichever is longer.
If the tenant pays rent every two months, the landlord must give 60 days’ notice before increasing rent.
For tenants on a year lease, landlords must wait until the end of the lease term before increasing rent. There is no specific notice period required in this situation, but landlords are required to act fairly and reasonably .
Sources
- 1 MA Gen L Ch 40P § 1-5
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No city or town may enact, maintain or enforce rent control of any kind…
Source Link - 2 MA Gen L Ch 40P § 1-5
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…except that any city or town that accepts this chapter may adopt rent control regulation that provides…compliance on the part of property owners as to the rent control regulation…shall be entirely voluntary and uncoerced…
Source Link - 3 940 Mass. Reg. 3.17
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It shall be unfair or deceptive act or practice for an owner to include in any rental agreement any term which…Fails to state clearly and conspicuously in the rental agreement the conditions upon which an automatic increase in rent shall be determined.
Source Link - 4 940 Mass. Reg. 3.17
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…nothing…shall be deemed to invalidate an otherwise valid tax escalator clause…
Source Link - 5 MA Gen L Ch 186 § 15C
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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…unless such provision expressly sets forth…
Source Link - 6 MA Gen L Ch 186 § 18
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The receipt of any notice of…increase in rent…within six months after the tenant has commenced, proceeded with, or obtained relief in such action… shall create a rebuttable presumption that such notice or other action is a reprisal…
Source Link - 7 MA Gen L Ch 186 § 12
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…the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.
Source Link - 8 MA Gen L Ch 93A § 2
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…unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
Source Link