Overview of Landlord-Tenant Laws in Massachusetts

Massachusetts laws govern much of the landlord-tenant relationship, including security deposits, late rent, and evictions. Here's a breakdown of key laws that affect nearly all Massachusetts landlords and tenants.

Massachusetts Rental Application and Tenant Screening Laws

Massachusetts law regulates much of the tenant application and screening process.

Application Fees

Massachusetts law prohibits landlords from charging application fees. The only amounts that a landlord can collect before the beginning of a tenancy are:

• first and last month's rent
• a security deposit, and
• the cost of purchasing and installing a key and lock.

(Mass. Gen. Laws ch. 186, § 15B(1)(b) (2024).)

If a landlord wants to run a credit report or tenant screening report, the landlord must do so at the landlord's expense.

The only charge allowed before the tenancy begins is a "finder's fee" if there is a rental agent who is a licensed real estate broker involved in the process. The broker must inform the applicant in writing of the fee.

Criminal History Screening

Massachusetts doesn't have a state law prohibiting landlords from considering applicants' criminal histories. However, landlords must still be careful. When landlords consider applicants' criminal history, they must do so in a consistent, nondiscriminatory manner. If a landlord's practice of considering criminal history has a discriminatory effect—for example, if the landlord asks only applicants of a certain color for criminal history information—the landlord is engaging in illegal discrimination and can be subject to penalties. Also, landlords can reject applicants only for past convictions that are directly related to the application—in other words, convictions that have a negative bearing on a legitimate business concern of the landlord.

Fair Housing Laws

All landlords need to follow federal and state antidiscrimination laws when screening applicants for a rental. Federal fair housing laws prohibit landlords from discriminating based on:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability or handicap, and
• sex (includes gender identity and sexual orientation).

Massachusetts law also prohibits discrimination based on age, genetic information, ancestry, marital status, veteran or military status, and receipt of any public assistance. (Mass. Gen. Laws ch. 151B, § 4 (2024).)

For more information about fair housing in Massachusetts, visit Mass Fair Housing's website.

Massachusetts Security Deposit Laws

Massachusetts landlords can't charge more than one month's rent as a security deposit (any "pet deposit" is included in this cap). The landlord must give the tenant a receipt indicating the amount of the security deposit, the name of the person who received the deposit, the date on which it was received, and a description of the rental. The landlord (or landlord's agent) must sign this receipt. (Mass. Gen. Laws ch. 186, § 15B (2024).)

Statement of Condition of Rental

Upon the later of either the receipt of the security deposit or 10 days after the tenancy begins, the landlord must give the tenant a written statement of the condition of the rental. It must include a list of any damage, including any violations of building codes. The landlord must sign the statement, and it must also include specific language required by statute.

The tenant can submit a separate list of damages. If the tenant does this, the landlord must return a copy of the list noting the landlord's agreement or disagreement within 15 days. (Mass. Gen. Laws ch. 186, § 15B (2024).)

How Landlords Must Hold Security Deposits

Landlords must place security deposits in a separate, interest-bearing account in a bank located within the state. Within 30 days of receiving the security deposit, the landlord must give the tenant a receipt that indicates the name and location of the bank, along with the account number. (Mass. Gen. Laws ch. 186, § 15B(3)(a) (2024).)

If a landlord holds a security deposit for a year or longer, they must pay interest on it at the rate of 5% per year (or, if the bank has been paying a lesser amount, they can pay the lesser amount). (Mass. Gen. Laws ch. 186, § 15B(3)(b) (2024).)

Security Deposit Return

Landlords must return the security deposit within 30 days after the tenancy ends. Landlords may retain part or all of the security deposit to cover:

• unpaid rent
• increased real estate tax levies (as long as there is a tax escalator clause in the lease, see Mass. Gen. Laws ch. 186 § 15C), and
• repairs to tenant-caused damage to the rental.

If the landlord keeps part or all of the deposit to cover damages to the rental, they must provide an itemized list detailing the damages and the costs within 30 days. (Mass. Gen. Laws ch. 186, § 15B(4) (2024).)

Required Landlord Disclosures in Massachusetts

In many states, landlords must disclose specific information to tenants and potential tenants. Massachusetts landlords must disclose information about:

• Real estate broker fees: If there is to be a "finder's fee" for a licensed real estate broker who is involved in the rental of the property, the fee must be disclosed to the applicant.
• Insurance: Upon tenant's request and within 15 days, landlord must furnish the name of the company insuring the property against loss or damage by fire, the amount of the insurance provided, and the name of any person who would receive payment for a loss covered by the insurance (Mass. Gen. Laws ch. 186, § 21 (2024).)
• Tax escalation: If real estate taxes increase, the landlord may pass on a proportionate share of the increase to the tenant only if the lease discloses that, in the event of an increase, the tenant will be required to pay their proportionate share (the proportionate share must be disclosed in the lease). Also, the lease must state that if the landlord receives a tax abatement, the landlord will refund a proportionate share of the abatement, minus reasonable attorneys' fees. (Mass. Gen. Laws ch. 186, § 15C (2024).)
• Utilities: Landlord may not charge for water unless the lease specifies the charge and the details of the water submetering and billing arrangement. (Mass. Gen. Laws ch. 186, § 22(f) (2024).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Massachusetts Late Fees and Other Rent Rules

In Massachusetts, rent is due on whatever day the landlord and tenant agree to.

Grace Periods and Late Fees

The lease or rental agreement must describe the amount of late fees, and late fees can't be imposed until rent is at least 30 days late. (Mass. Gen. Laws ch. 186, § 15B(1)(c) (2024).) Although Massachusetts doesn't cap late fees, most judges won't enforce unreasonable late fees. In general, a late fee will be considered reasonable as long as it doesn't exceed 4%-5% of the rent and has an upper limit.

Rent Increases

Massachusetts landlords can't increase rent during the term of a lease unless the lease specifically allows them to do so.

For month-to-month tenancies, Massachusetts landlords must give at least 30 days' written notice to raise the rent. (Mass. Gen. Laws ch. 186, § 12 (2024).)

Massachusetts Landlords Must Provide Habitable Rentals

Like landlords in all states, Massachusetts landlords must provide rentals that are safe and fit for human habitation. Specifically, Massachusetts landlords must, when required by law or contract, provide essential services such as heat and hot water, or face penalties. (Mass. Gen. Laws ch. 186, § 14 (2024).)

Massachusetts landlords are also required to comply with detailed regulations outlined in the state sanitary code. These standards are considered the minimum steps for landlords to ensure that the rental is fit for human habitation. (Mass. Regs. Code tit. 105, § 410.010 and following.)

Massachusetts courts have also recognized that there is an implied warranty of habitability in every lease or rental agreement. (Boston Hous. Auth. v. Hemingway, 293 N.E.2d 831 (Mass. Sup. Ct. 1973).)

Massachusetts also has a strict lead law that requires landlords to remove or cover lead paint hazards in homes built before 1978 where children under the age of six live. (Mass. Gen. Laws ch. 111, § 189A and following.)

Tenant Remedies in Massachusetts

When a landlord fails to provide a habitable rental in Massachusetts, tenants have options.

Repair and Deduct

If there's a problem affecting health and safety in a rental, the tenant should notify the landlord in writing. The landlord has 5 days to begin the repairs, and 14 days to substantially complete all the repairs. If the landlord fails to do so, the tenant can deduct from their rent the amount necessary to pay for the repairs.

The tenant can deduct a total of up to 4 months' rent in any 12-month period.

Alternatively, if the landlord fails to make the repairs, the tenant can consider the lease canceled and move out.

(Mass. Gen. Laws ch. 111, § 127L (2024).)

Rent Withholding

When a landlord fails to deliver on the implied warranty of habitability, the tenant can withhold rent in the amount of the difference between the agreed-upon rent and the fair market value of the rental with the habitability issues. The amount withheld must be reasonable, and the tenant must have proof that they notified the landlord about the problem and the problem wasn't fixed. (Mass. Gen. Laws ch. 239, § 8A (2024).)

Small Claims Lawsuits in Massachusetts

If you find yourself in a battle over a security deposit or repairs, small claims court is a good place to bring your grievance. Small claims courts in Massachusetts can hear cases in which the plaintiff—the person suing—isn't asking for more than $7,000. You might be able to receive attorneys' fees and some penalties in an amount over $7,000.

In Massachusetts, housing court is also a viable option for landlord-tenant disputes.

Small claims court procedures tend to be simpler than those of regular courts. Even though Massachusetts allows people to be represented by attorneys in small claims cases, many people represent themselves.

Massachusetts Termination and Eviction Rules

Massachusetts landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to remove a tenant in Massachusetts before the lease or rental agreement has expired must have cause—a legally valid reason—to terminate the tenancy. Common reasons for terminating a tenancy include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• 14-day notice to quit for nonpayment of rent: If a tenant fails to pay rent when it is due, the landlord can give the tenant a 14-day notice to pay rent or quit (move out). The notice must tell the tenant that they have 14 days to pay the rent or move out. The notice must also provide the tenant with an accompanying form that gives details about rental assistance and court rules. If the tenant doesn't pay rent or move out as required under the notice, the landlord can file an eviction lawsuit. (Mass. Gen. Laws ch. 186, § 11 (2024).)
• Notice to quit for violation of lease or other reasons: The lease should specify how much notice the landlord must give for terminating a tenancy for a reason other than nonpayment of rent. The amount of notice is not specified by law, but most leases will require 7-14 days' notice. If the tenant doesn't move out before the deadline, the landlord can file an eviction lawsuit.

Notice of Termination Without Cause

When a landlord wishes to end a fixed-term lease but doesn't have cause to evict the tenant, the landlord has to wait until the lease has expired before expecting the tenant to move.

For month-to-month tenancies, the landlord must give the tenant a 30-day notice letting the tenant know that the tenancy will be ending in at least 30 days. The deadline must terminate the lease on a day that rent is due. If the tenant doesn't move out, the landlord can file an eviction lawsuit. (Mass. Gen. Laws ch. 186, § 12 (2024).)

Tenant Defenses to Eviction

Even though a landlord might have a valid reason to evict a tenant, the tenant can still choose to fight the eviction. For example, the tenant could claim that the eviction is the result of the landlord illegally discriminating, or is in retaliation for the tenant exercising a legal right.

Massachusetts law also allows special protections for tenants who have experienced domestic violence, rape, sexual assault, or stalking. Some of these protections might provide a tenant with a right to leave the rental early and a defense against eviction. (Mass. Gen. Laws ch. 186, § 24 (2024).) Mass Legal Help's website has more information.

Illegal Evictions

Under Massachusetts law, landlords can't take self-help measures to evict a tenant. For example, a landlord can't exclude the tenant from the rental or willfully cut services such as heat, running water, hot water, electricity, gas, or other essentials. If a landlord is found to have illegally evicted a tenant, the tenant has the right to move back into the rental or terminate the tenancy. The tenant is also entitled to an amount equal to three months' rent or their actual damages, plus the cost of the lawsuit and reasonable attorneys' fees. (Mass. Gen. Laws ch. 186 § 15F (2024).)

Massachusetts Rules About Landlords' Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief that there's imminent danger to lives or property. Otherwise, under Massachusetts law, landlords can access a rental for the following reasons:

• to perform a general inspection
• to make repairs
• to show the unit to a prospective tenant, purchaser, or mortgagee
• in accordance with a court order
• when the rental appears to have been abandoned, or
• to inspect within the last 30 days of the tenancy (or after either party has given notice to end the tenancy) for the purpose of determining the amount of damage, if any, to the rental that would be the cause for retaining any of the security deposit.

(Mass. Gen. Laws ch. 186, § 15B; Mass. Regs. Code tit. 940, § 3.17 (2024).)

Landlords should give tenants reasonable notice before entering the rental. Massachusetts law doesn't specify how much notice is reasonable, but in most cases, at least 24 hours' notice to enter during normal business hours is considered reasonable.

Where to Find Massachusetts Landlord-Tenant Laws

If you want to read the text of a law itself, see the Massachusetts Legislature's website (for Massachusetts General Laws) or the court system's website for the Code of Massachusetts Regulations.

Local Ordinances Affecting Massachusetts Landlords and Tenants

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in Massachusetts and then search when you're on the site. A good source for Boston landlord-tenant law information is the City of Boston's renting in Boston website.

Municode is a good source for finding local governments online. Also, your local public library or office of the city attorney, mayor, or city or county manager can provide information on local ordinances that affect landlords and tenants in Massachusetts.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in Massachusetts. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"). To access the U.S. Code and Code of Federal Regulations online, see the federal section of the Library of Congress's legal research site.

Nolo Resources on Legal Research and Landlord-Tenant Law

For more information on legal research, check out Legal Research: How to Find & Understand the Law, by Stephen Elias (Nolo). This nontechnical book gives easy-to-use, step-by-step instructions on how to find legal information.

You'll also find a wealth of information in Nolo's landlord-tenant books.

For landlords:

• Every Landlord's Guide to Finding Great Tenants
• Every Landlord's Legal Guide
• Leases & Rental Agreements
• Every Landlord's Tax Deduction Guide
• First-Time Landlord
• Every Landlord's Guide to Managing Property

For tenants:

• Renters' Rights
• Every Tenant's Legal Guide