Massachusetts Landlord-Tenant Law

Massachusetts landlord-tenant laws are among the most comprehensive in the country. While there is no statewide rent control, tenants in the Commonwealth benefit from strong legal protections around habitability, eviction, and fair housing practices. As a landlord in Massachusetts, it’s your responsibility to know and comply with these regulations, and to proactively enforce them.

The rights and responsibilities of both landlords and tenants are governed by the Massachusetts General Laws (MGL) including relevant codes like the Massachusetts building codes and the State Sanitary Code. These laws cover everything from required disclosures and limits on security deposits to notice periods for entry and eviction procedures.

Keep in mind that these laws are subject to change, and local ordinances, especially in cities like Boston or Cambridge, may include additional requirements. The summary provided below is not exhaustive, so it’s essential to review the Massachusetts state statutes yourself and consult a real estate attorney if you have questions about compliance.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

NEW! 2025 Massachusetts Rental Laws

The following new rental laws passed in Massachusetts in recent years:

• Accessory Dwelling Units (Chapter 150 of the Acts of 2024): Property owners in Massachusetts are now permitted to build accessory dwelling units (ADUs) of up to 900 square feet in single-family zoning districts. This law intends to increase housing supply and improve affordability by making it easier to add rental units within existing residential properties.
• Sealing Eviction Records (Chapter 150 of the Acts of 2024): As part of the Affordable Homes Act (Section 52), signed on August 6, 2024, tenants will gain the ability to petition courts to seal certain eviction records. This is intended to reduce housing barriers and ensure that past filings do not unfairly hinder access to future rental opportunities.

Massachusetts Quick Facts

Rights and Responsibilities of Massachusetts Landlords and Tenants

In Massachusetts, both landlords and tenants have specific rights and obligations designed to ensure fair and safe rental practices. For example, landlords have the responsibility to provide safe and sanitary housing but have the right to receive on-time rent payments in return. Similarly, tenants are responsible for paying rent and respecting the property, but they have the right to quiet enjoyment of their unit in return. These rights and responsibilities should be defined clearly in the rental agreement, but keep in mind that these terms are only enforceable insofar as they comply with state laws.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in Massachusetts.

Massachusetts landlords have the right to:

• Collecting rent as outlined in the lease or rental agreement.
• Requiring security deposits, up to one month's rent, and last month's rent at the start of tenancy.
• Entering rental units for inspections, repairs, or showings, provided it's at reasonable times and with proper notice.
• Screening tenants before approval for tenancy.
• Initiating eviction proceedings for valid reasons, such as non-payment of rent or lease violations, following the legal eviction process.​
• Setting the lease terms for aspects like guests, pets, subleasing, etc., as long as those terms remain compliant with Massachusetts laws.

Massachusetts landlords are responsible for:

• Providing habitable housing, ensuring the property meets health and safety standards as outlined in the State Sanitary Code.
• Maintaining structural elements, including roofs, foundations, floors, walls, and ensure that all facilities like plumbing, heating, and electrical systems are in working order.
• Addressing pest infestations, such as rodents, cockroaches, and infestations of insects, especially in multi-unit buildings.
• Providing adequate heat from September 16 to June 14.
• Providing enough water with adequate pressure and must also ensure the water 110º F and 130º F.
• Handling security deposits appropriately, placing them in a separate, interest-bearing account and returning them within 30 days after tenancy ends, minus any lawful deductions.
• Avoiding discrimination, complying with both state and federal fair housing laws.​

Massachusetts tenants have the right to:

• Safe and sanitary conditions, with the property maintained according to health and building codes.
• Reasonable privacy, with landlords entering only for legitimate reasons, such as an inspection or showing, and always with advance notice.
• Fairness and equal treatment regardless of race, religion, national origin, sex, sexual orientation, age, marital status, disability, or receipt of public assistance.
• Tenant remedies like withholding rent if the landlord fails to address serious repair issues, following proper legal procedures.
• Legal action against landlords who violate their rights, including unlawful eviction or retaliation.

Massachusetts tenants are responsible for:

• Paying rent on time, as stipulated in the lease agreement.
• Maintaining the property, keeping it clean and not causing damage beyond normal wear and tear.
• Reporting maintenance issues as soon as possible, especially those affecting health or safety, and before the issues escalate.
• Complying with lease terms, including rules about noise, occupancy limits, and pet policies.
• Providing proper notice when intending to vacate, typically 30 days or as specified in the lease.​

Massachusetts Required Disclosures

Required disclosures are pieces of information that landlords must provide to tenants under state or federal law. These disclosures typically relate to the condition of the unit, potential health or safety hazards, tenant rights, or specific landlord responsibilities.

Here are a few of Massachusetts' required disclosures:

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Security Deposit Receipt (MGL 186 § 15B(2b)). If a landlord collects a security deposit, they must provide a receipt of such within 30 days indicating the amount, the name of the person receiving it, the date it was received, and a description of the rented unit. The receipt should also be signed by the landlord.
• Existing Damages (MGL 186 § 15B(2c)). Within 10 days after the commencement of the tenancy or upon receipt of the deposit, whichever is later, the landlord must provide a separate written statement of the present condition of the unit to be leased. The statement should include a comprehensive list of existing damages, including any state sanitary or building code violations. The statement should be signed by the lessor and contain a pre-written notice about the purpose of the receipt.
• Fire Insurance (MGL 186 § 21). If a tenant or lawful occupant requests such, the landlord must provide, in writing, a description of the dwelling unit’s fire insurance coverage within 15 days. The disclosure should include the name of the insurance company, the amount of insurance provided, and the name of a person who would receive payments for a loss covered by the insurance.
• Shared Utilities (MGL 186 § 22f) If water is charged to tenants individually, the lease document must fully disclose the details of the water sub-metering and the billing arrangement. All charges and relevant information should be stated clearly.

Additional Reading: Massachusetts Residential Lease Agreement  

Massachusetts Rent and Fee Laws

Massachusetts has many laws that regulate how landlords can charge and collect rent, fees, and other payments from tenants. Landlords must follow specific rules related to application fees, grace periods, late fees, and bounced check charges. These laws can change over time, so it's important to stay informed and refer to the Massachusetts General Laws for the most accurate information.

Rent Payments

• Due Date: Rent in Massachusetts is due on the date specified in the lease agreement. 
• Rent Increases: There is no statewide rent control in Massachusetts. However, rent increases must comply with the lease terms and cannot be retaliatory or discriminatory.
• Grace Period: Massachusetts law provides a 30-day grace period before a landlord can charge interest or penalties on late rent (MGL 186 § 15B(1c)).

Fees

• Application Fees: Rental application fees are prohibited in Massachusetts (MGL 186 § 15B(b)).  
• Late Fees: There are no statutory limits on late fees in Massachusetts. However, the lease must explicitly mention the amount of the late fee. 
• NSF/Bounced Check Fee Maximum: If the tenant’s monthly rent check or electronic funds transfer bounces, and the amount of the check is less than $2,500, the landlord may charge a fee of $25 or less (MGL 60 § 57A). 

Tenant Remedies

• Withholding Rent/Repair and Deduct: If the landlord fails to fulfill their obligations as stated in the lease agreement, the tenant may withhold rent and dispute any notices to quit for nonpayment of rent. The tenant may recover the difference between rent and the fair value of the property, as well as any amounts reasonably spent to remedy a condition (MGL 239 § 8A). 

Massachusetts Security Deposits

Security deposits in Massachusetts are heavily regulated by state laws. These regulations outline how much can be collected, how the deposit must be stored, when it must be returned, and under what conditions funds may be withheld. Failure to adhere to these rules can result in significant penalties, including the forfeiture of the deposit and potential damages owed to the tenant.

Below is a summary of the key security deposit requirements in Massachusetts:

• Deposit Limit: 1 month’s rent (MGL 186 § 15B(b(iii))).  
• Interest: For tenancies one year or longer, Massachusetts security deposit law requires landlords to pay interest on security deposits at the rate of 5% per year, or the percent received from the bank.  (MGL 186 § 15B(3b)). 
• Return Within: 30 days (MGL 186 § 15B(4)). 
• Deposit Location: Security deposits should be held in a separate, interest-bearing account in a bank (MGL 186 § 15B(3a)). Deposits should not be commingled with the landlords’ other assets 
• Withholding: Landlords may withhold funds from the security deposit for unpaid rent or water charges, reasonable costs of repairing damage not caused by the tenant (not wear and tear), or for an increase in real estate taxes that the tenant must pay following a tax escalation clause (MGL 186 § 15B(4)). 

Massachusetts Tenant Screening and Fair Housing Protections

Landlords in Massachusetts must follow strict federal and state laws when screening prospective tenants. These laws are designed to prevent discrimination and ensure fair access to housing for all applicants, regardless of personal characteristics or financial background. From the moment a unit is listed through the entire rental process, landlords are prohibited from making decisions based on protected class status.

The sections below explain what constitutes housing discrimination and detail the protected classes recognized under both federal and Massachusetts law.

What actions are considered housing discrimination?

Tenants in Massachusetts are protected from housing discrimination under both federal and state law. The Federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits discriminatory practices in nearly every aspect of housing. Discrimination occurs when a landlord takes a tenant’s protected characteristics into account when:

• Accepting or denying rental applications
• Selecting or applying screening methods
• Advertising or listing rental properties
• Setting rental rates or lease conditions
• Offering rent credits, discounts, or incentives
• Providing repairs or maintenance services
• Enforcing rules or regulations unevenly
• Initiating eviction or lease termination
• etc.

What are the protected classes in Massachusetts?

Federal law protects tenants from discrimination based on the following classes:

• Race
• Color
• Religion
• Gender (Sex)
• National origin
• Familial status (e.g., having children)
• Disability

In addition to these federal protections, Massachusetts state law (MGL 151B § 4) expands the list of protected classes. Landlords in Massachusetts may not discriminate based on a tenant’s:

• Sexual orientation
• Gender identity or expression
• Age
• Ancestry
• Genetic information
• Marital status
• Veteran or active military status
• Source of income (including public assistance or rental subsidies such as Section 8)

These protections apply throughout the entire rental process from advertising and screening to lease signing, enforcement, and termination. Violations of fair housing law can lead to serious legal consequences, including fines and civil penalties.

Use of Credit Reports 

Massachusetts landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.  

Use of Criminal Histories 

Criminal background checks may be used in Massachusetts. However, Massachusetts landlords should follow FHA and Massachusetts guidelines (see Massachusetts' Guide to Criminal Records in Employment and Housing) for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: Massachusetts Background Checks & Screening Online

Massachusetts Landlord Entry Laws

Before entering a rental unit, Massachusetts landlords must understand the rules around tenant privacy and property access. Below is an outline of what qualifies as reasonable notice, acceptable reasons for entry, and how to handle emergency situations.

• Advanced Notice: Landlords are expected to give reasonable notice in advance before entering a property. Generally, 24 hours’ notice is recommended. 
• Permitted Times: Massachusetts state law states that the right to entry must be exercised at reasonable times. Acceptable reasons to enter an occupied unit include inspections, repairs, or showings. The landlord may also enter in accordance with a court order or if the premises appear to have been abandoned (MGL 186 § 15B(1)). 
• Emergency Entry: In case of emergency, landlords are generally permitted to enter without advanced notice. 

Massachusetts Eviction Notices  

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Massachusetts, consider hiring an experienced real estate attorney and be sure to review the Massachusetts eviction process in more detail.

• Rent Demand Notice: 14 days to pay or quit by default; however, the landlord may enforce a different reasonable period as long as it is included in the rental agreement (MGL 186 § 11A).
• Notice for Lease Violation: No statute. Massachusetts law does not specify the number of days' notice landlords should provide tenants before filing for eviction for a lease violation besides nonpayment, such as excessive noise, property damage, or another noncompliance. However, the written rental agreement should state the amount of notice the landlord will provide for a lease violation.
• Notice for Lease Violation (Periodic Tenancies): 7 days. If a week-to-week or month-to-month tenant commits a lease violation, the landlord must provide seven days' notice before filing for eviction (MGL 186 § 17).
• Unconditional Notice to Quit: Notice required, but not specified. This notice applies when the tenant engages in illegal activity on the premises, such as using the premises for prostitution, selling controlled substances, using explosives, keeping illegal weapons, or committing/threatening violence.

Additional Reading: Massachusetts Eviction Process and Laws [2025]

Massachusetts Squatter's Rights

Squatters are individuals who occupy a property without the legal permission of the owner or without a valid lease. In Massachusetts, removing a squatter typically necessitates going through the full eviction process, just like with a traditional tenant. Landlords cannot forcibly remove a squatter or attempt to evict them without a court order. This includes actions like changing locks, shutting off utilities, or physically removing belongings.

Before taking any action to remove a squatter, it’s strongly advised to consult a qualified real estate attorney and carefully review Massachusetts eviction and property laws.

Additional Reading: Massachusetts Squatter’s Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Massachusetts  

In addition to the major legal requirements around leases, deposits, and fair housing, there are a few other important facts for Massachusetts landlords to keep in mind, such as:

• The average rent rate in Massachusetts according to Zillow is $3,150. 
• The average rent rate in Boston according to Zillow is $3,300.  
• Massachusetts landlords may only ask for the following payments up front: the first and last months’ rent, a security deposit, and the cost of a new lock and key for the apartment (MGL 186 § 15B(b)). 

Conclusion

Massachusetts laws offer strong protections for tenants, but it’s just as important for landlords to understand and comply with the regulations that the state enforces. Landlord-tenant laws are in place to ensure fair, safe, and equitable housing practices for everyone involved. By taking the time to review these legal requirements, you can avoid costly disputes, create compliant lease agreements, and build a better business and long-term landlord tenant relationships.

FAQs

How much can a landlord charge for a security deposit in Massachusetts?

Massachusetts law caps the security deposit at one month’s rent. Landlords must provide a receipt and store the deposit in a separate, interest-bearing account.

What can tenants do if their rental unit is not habitable?

Tenants may withhold rent or pursue repairs if the landlord fails to address serious maintenance issues, provided they follow proper legal procedures.

What is the eviction process in Massachusetts?

Evictions are complex legal actions, so be sure to review the Massachusetts eviction process in detail before initiating an eviction. In general, landlords must issue a formal notice (typically 14 days for nonpayment of rent) and file a summary process action in court. Self-help evictions are illegal, meaning you cannot shut off a tenant's utilities or take any other similar action in an effort to force them to move out.

Can Massachusetts landlords charge late fees?

Yes, but only if stated in the lease and after the mandatory grace period in Massachusetts has expired. The grace period is 30 days, only after which landlords in Massachusetts can charge late fees (MGL 186 § 15B(1c)).

Can a landlord raise the rent during a lease?

No, rent increases during a lease term are not allowed unless explicitly permitted in the lease agreement.

When must a landlord return the security deposit?

Landlords have 30 days after the end of the tenancy to return the deposit with an itemized list of deductions, if applicable (MGL 186 § 15B(4)).

Free Downloads

1. Massachusetts Residential Lease Agreement Template
2. Massachusetts Quitclaim Deed
3. Massachusetts Legal Forms for Subjects I-L

Resources

1. Massachusetts Housing Market Trends & Forecast
2. Massachusetts Property Type Classification Codes
3. Massachusetts State Sanitary Code
4. Massachusetts General Laws
5. Massachusetts Eviction Process
6. Real Estate Terms & Definitions