Massachusetts landlords face more rules than those in most other states, which can make long-term leases feel restrictive. A Massachusetts month-to-month lease agreement offers an alternative option that renews monthly and remains in place until either party gives notice to terminate.
Even with that flexibility, the agreement still carries legal weight. Massachusetts law governs how these rentals operate, including required disclosures, rent changes, deposits, notice periods, and evictions. The sections below outline what applies to month-to-month rentals and what landlords need in place before using one.
Disclosures (6)
Massachusetts requires landlords to provide several disclosures before a tenant takes possession. These disclosures focus heavily on health, safety, and tenant protections.
- Lead-based paint: Federal law says landlords must share any known information about lead-based paint and its hazards for homes built before 1978 and must also give tenants the EPA’s lead safety pamphlet. Massachusetts law imposes additional lead compliance requirements for residential units where children under six may live (Mass. Gen. Laws ch. 111, § 197).
- Move-in checklist: Landlords must document the condition of the unit at move-in, including any damages. After a landlord shares the checklist, the tenant has 15 days to review it, make notes, and return it with any concerns. (Mass. Gen. Laws ch. 186, § 15B).
- Landlord or agent identification: Along with a lease, the landlord must provide the name and contact information of the owner or authorized agent responsible for managing the property and receiving notices (Mass. Gen. Laws ch. 186, § 18).
- Security deposit holding disclosure: If a landlord collects a security deposit, they must disclose the name and location of the bank where the deposit is and the account number, in writing (Mass. Gen. Laws ch. 186, § 15B).
- Shared utilities: If tenants pay for water in a multi-unit building, the lease template must include how the landlord will bill water to them (Mass. Gen. Laws ch. 186, § 22F).
- Fire insurance disclosure: Landlords must inform tenants whether the property carries fire insurance and clarify that the insurance does not cover the tenant’s personal belongings (Mass. Gen. Laws ch. 186, § 21).
Optional Disclosures and Addenda
While not required by law, these optional disclosures can help landlords clarify expectations and document the unit conditions to avoid any issues down the road.
Asbestos: Discloses any known asbestos in the unit and gives tenants suggestions for limiting or preventing exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Details the fees for late or returned rent checks. Massachusetts law does not limit the amount landlords can charge as a late fee. Returned check fees are capped at $30 per check.
Medical marijuana use: Details the rules regarding the use of medical marijuana in the unit.
Mold: Informs tenants of any mold in the unit and available options and treatments for remediation.
Smoking: Outlines the smoking policy for the rental, including designated smoking areas on the property.
Additional Massachusetts Month-to-Month Lease Laws
Massachusetts landlord-tenant law governs the tenancy throughout its term, even when the lease renews monthly.
Notice to Terminate a Month-to-Month Agreement
Massachusetts law outlines the steps that either the landlord or their tenant must take to terminate a month-to-month agreement. Here’s what you need to know.
Required notice for tenant: Tenants must provide at least 30 days’ written notice before terminating a month-to-month lease.
Required notice for the landlord: Landlords must also provide at least 30 days’ written notice to terminate a month-to-month agreement.
Laws Governing Rent Increases
Month-to-month agreements allow rent to change over time, but Massachusetts still requires advance notice.
Massachusetts does not enforce statewide rent control. In other words, landlords may increase rent in a tenancy at will by providing proper written notice, usually 30 days.
As always, rent increases may not be retaliatory or discriminatory.
Lease Violations and Eviction
Massachusetts requires landlords to follow formal steps before removing a tenant, even in month-to-month arrangements.
Missed rent payment: If a tenant fails to pay rent, landlords may issue a 14-day Notice to Quit for nonpayment before filing an eviction action (Mass. Gen. Laws ch. 186, § 11).
Lease violation: For violations other than nonpayment, landlords may issue a Notice to Quit specifying the violation and the termination date. The notice period depends on the type of breach and the lease terms, and landlords should clearly outline the terms in their lease template, as state legislation does not dictate the type of notice they must give.
Lease abandonment: If a landlord suspects their tenant has abandoned their lease, they should attempt to contact them twice, at least 3 days apart. If they have not been able to make contact after 14 days, they may take back possession of the property (Mass. Gen. Laws ch. 105A, § 9).
Self-help evictions: In Massachusetts, self-help evictions are illegal. To evict a tenant, landlords must always follow the proper legal process.
Rent Payment Laws
Rent payment rules in Massachusetts emphasize documentation and tenant protections.
Rent control/stabilization: In Massachusetts, rent control does not exist at the state level, as the state banned it in 1994. However, some local municipalities may still have rent control in place. Always check local laws before setting rent prices.
Late rent fees: Landlords may only charge late fees after rent is at least 30 days overdue, unless the tenant pays weekly or daily rent. Landlords must clearly outline the late fee in their Massachusetts month-to-month lease agreement (Mass. Gen. Laws ch. 186, § 15B).
Grace period: Massachusetts law doesn’t require a grace period, meaning landlords can begin the eviction process even when the rent is only 1 day late. However, landlords cannot charge late fees and penalties until their tenant’s rent is at least 30 days past due (Mass. Gen. Laws ch 186, § 15B(1c)).
Tenant’s right to withhold rent: In Massachusetts, if a landlord fails to make required repairs or fulfill their obligations defined in the lease, tenants may withhold rent and recover the difference between rent and the cost to fix the situation (Mass. Gen. Laws ch. 239, § 8A).
Pet rent laws: Landlords may charge pet rent or collect pet deposits as long as the fee is reasonable and the lease clearly outlines the charges.
Security Deposits
Massachusetts imposes some of the strictest security deposit rules in the country.
Maximum amount: Landlords may collect no more than one month’s rent as a security deposit (Mass. Gen. Laws ch. 186, § 15B).
Deposit receipt: Landlords must provide a detailed receipt within 30 days of receiving the deposit (Mass. Gen. Laws ch. 186, § 15B(2b)).
Interest payments: Landlords must pay tenants annual interest on security deposits or credit the interest toward rent if the tenancy lasts longer than 1 year (Mass. Gen. Laws ch. 186, § 15B).
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 30 days after they move out (Mass. Gen. Laws ch. 186, § 15B(4)).
Deductions: Landlords may deduct unpaid rent or damages beyond normal wear and tear, but must provide a detailed, itemized statement (Mass. Gen. Laws ch. 186, § 15B(4)).
Property Access Laws
Massachusetts law aims to protect tenant privacy while also allowing landlords access to maintain their properties.
Advance notice: State law does not specify a fixed notice period, but landlords must provide reasonable notice before entering a unit for non-emergency reasons.
Immediate access: Landlords may enter without notice in an emergency.
Harassment: If a landlord repeatedly enters the rental without notice or just cause, it may qualify as landlord harassment. In this case, the tenant may be able to terminate their lease early without penalty.
