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State Reference Guide · Northeast

Massachusetts
Tenant Rights.

This guide provides a detailed overview of the laws governing the relationship between landlords and tenants in the Commonwealth of Massachusetts. Massachusetts is known for having some of the most robust tenant protection laws in the United States, often exceeding federal minimums.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Massachusetts?

Tenants in Massachusetts are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Massachusetts sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Upfront Costs and Security Deposits

Massachusetts strictly regulates what a landlord can charge at the start of a lease.

Allowable Upfront Fees

A landlord may only collect the following four payments at the start of a tenancy:

  • First month’s rent.
  • Last month’s rent.
  • A security deposit (maximum of one month’s rent).
  • The cost of a new lock and key. Note: A licensed real estate broker may charge a finder's fee, but a landlord may not.

Security Deposit Requirements (M.G.L. c. 186, § 15B)

Maximum Amount
Cannot exceed one month’s rent.
Escrow Account
The deposit must be held in a separate, interest-bearing account in a Massachusetts bank, protected from the landlord's creditors.
Receipt
Within 30 days of receiving the deposit, the landlord must provide a receipt identifying the bank, the account number, and the amount.
Statement of Condition
At the start of the lease (or within 10 days), the landlord must provide a written "Statement of Condition" listing all existing damage to the unit. The tenant has 15 days to agree or submit a corrected list.
Interest
Landlords must pay interest (5% or the bank's rate) every year if the deposit is held for more than a year.

Returning the Deposit

Deadline
30 days after the tenant moves out.
Itemization
If the landlord keeps any portion for damages (beyond "reasonable wear and tear"), they must provide a list of damages, sworn to under the pains and penalties of perjury, along with written evidence of the cost of repairs (e.g., receipts or invoices).
Penalties
If a landlord fails to follow escrow rules, provide receipts, or return the deposit timely, they may be liable for triple damages (3x the deposit amount) plus interest and attorney’s fees.
02
NOTICE

Eviction Notices and Process

"Self-help" evictions (changing locks, removing belongings, or shutting off utilities) are illegal in Massachusetts. Only a Constable or Sheriff with a court execution can physically remove a tenant.

Notice to Quit (M.G.L. c. 186, §§ 11, 12)

Nonpayment of Rent
A 14-day Notice to Quit. If the tenant pays all rent owed within certain timeframes (the "right to cure"), the eviction process may be stopped.
Lease Violations
The notice period is usually determined by the lease itself (often 7 or 30 days).
Month-to-Month (At-Will) Termination
A 30-day notice (or a full rental period, whichever is longer).

The "Right to Cure"

For non-payment, tenants often have a right to "cure" the default by paying the full amount due. The specific deadline depends on whether the tenant has a written lease or is a "tenant at will."

03
NOTICE

Landlord Entry Requirements (M.G.L. c. 186, § 15B(1)(a); 105 C.M.R. § 410.000)

Massachusetts law is more restrictive than many other states regarding when a landlord can enter a rented home.

Permissible Reasons
A landlord may enter only to: - Inspect the premises.Make repairs.Show the unit to prospective tenants, purchasers, or mortgagees.Comply with a court order.Check for abandonment.
Notice Requirements
Repairs and Code Compliance: Under the State Sanitary Code (105 C.M.R. § 410.000), landlords must provide at least 48 hours' notice to enter the premises to make repairs or to inspect for compliance with the code, except in cases of emergency.Showings: For showing the unit to prospective tenants or buyers, the law requires "reasonable notice." By custom and common lease terms, this is generally recognized as 24 hours' notice.Emergencies: No notice is required in immediate emergencies (e.g., a bursting pipe or fire).
Tenant Consent
A tenant cannot unreasonably withhold consent for the landlord to enter for the reasons listed above.
04
MONEY

Rent Control and Preemption

Status
There is currently no rent control in Massachusetts.
State Preemption (M.G.L. c. 40P)
In 1994, a statewide ballot initiative led to a law that prohibits cities and towns from enacting rent control unless the state legislature grants them special permission. While some cities (like Boston) are actively lobbying to bring back rent stabilization, it is currently not legal.
05
SAFETY

Habitability and Repairs

Every Massachusetts lease contains an implied "Warranty of Habitability," meaning the landlord must provide a home that is fit for human occupation.

State Sanitary Code (105 CMR 410)

Landlords must provide:

  • Heat (minimum 68°F during the day and 64°F at night from Sept 15 to June 15).
  • Potable water and hot water (110°F to 130°F).
  • A kitchen with a sink and space for a refrigerator.
  • A structure free from rodents, insects, and leaks.

Tenant Remedies

Rent Withholding (M.G.L. c. 239, § 8A)
If a landlord fails to fix serious Code violations, a tenant may withhold a portion of the rent. Warning: Tenants should consult an attorney or legal aid before doing this; the withheld money should be kept in a separate bank account.
Repair and Deduct (M.G.L. c. 111, § 127L)
If a landlord is notified of a violation by a health inspector and fails to act, a tenant may (under strict conditions) pay for repairs and deduct up to four months' rent in a 12-month period.
06
SAFETY

Retaliation Protections (M.G.L. c. 186, § 18)

Massachusetts has strong protections against landlords who try to punish tenants for exercising their rights.

Protected Activities
Reporting health code violations, joining a tenant's union, or filing a legal claim against the landlord.
Presumption of Retaliation
If a landlord tries to evict a tenant, increase rent, or reduce services within six months of the tenant engaging in a protected activity, the law presumes the landlord is retaliating. The landlord must then prove in court that they had a separate, valid reason for their actions.
07
LEASE

Lease Requirements and Disclosures

Written Lease
If a lease is in writing, the landlord must provide a copy to the tenant within 30 days of signing.
Required Information
The landlord must disclose the name, address, and phone number of the owner and any person responsible for maintenance.
Insurance Disclosure
Landlords must disclose if their insurance policy will cover a tenant’s personal belongings (usually it does not, which is why renters' insurance is recommended).
Lead Paint Disclosure
In addition to federal law, the Massachusetts Lead Law requires landlords to provide a state-specific "Tenant Lead Law Notification" form. If a child under six lives in the unit, the landlord must remove or cover lead hazards.
Unique To Massachusetts

Protections you won't find everywhere else.

01
Last Month's Rent (M.G.L. c. 186, § 15B)
If a landlord collects "last month's rent," they must give the tenant a receipt. Unlike the security deposit, the landlord does not have to put this in a separate account, but they must pay the tenant 5% interest (or the actual bank rate) every year on that money.
02
Domestic Violence Protections (M.G.L. c. 186, § 24)
Exceeding federal VAWA protections, Massachusetts law allows survivors of domestic violence, stalking, or sexual assault to terminate their lease early without penalty by providing the landlord with written notice and documentation (such as a restraining order or police report) within 90 days of the incident.
03
No Unfair Terms
Any lease provision that waives a tenant's right to a jury trial, waives the landlord's liability for negligence, or requires the tenant to pay for ordinary wear and tear is void and unenforceable in Massachusetts. Disclaimer: This guide is for informational purposes and does not constitute legal advice. For specific legal issues, contact the Massachusetts Fair Housing Center, a local Legal Aid office, or a qualified attorney.
Cities with local protections

These Massachusetts cities layer extra tenant protections on top of state law: Allston, Amherst, Bellingham, Beverly, Boston, Bridgewater, Brighton, Brookline, Cambridge, Canton, Charlestown, Chelsea, Chestnut Hill, Chicopee, Danvers, Dorchester, Dracut, Everett, Fall River, Feeding Hills, Fitchburg, Framingham, Hadley, Haverhill, Holyoke, Hyde Park, Lowell, Lynn, Medford, Milton, New Bedford, Newton, Newtonville, North Andover, Peabody, Quincy, Randolph, Salem, Shrewsbury, Somerville, South Boston, Springfield, Sunderland, Swampscott, Tewksbury, Waltham, Watertown, Wellesley, West Springfield, Westfield, Worcester.

Common Questions

Frequently Asked

Security deposit limits in Massachusetts are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Massachusetts statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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