At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | Strict limits with detailed handling requirements |
| Rent control? | No statewide | Expired in 1994; some local programs may exist |
| Required notice to raise rent? | 30 days or rental period | Whichever is longer for tenancies at will |
| Lease required in writing? | Yes, for leases > 12 months | Oral leases permitted for shorter terms |
| Landlord entry notice? | No statute | Reasonable notice implied by courts |
Security Deposits
Massachusetts has some of the strictest security deposit laws in the country. Landlords may charge a maximum of 1 month's rent as a security deposit. Massachusetts law also restricts what landlords can collect at move-in: only the first month's rent, last month's rent, a security deposit (1 month's rent), and the cost of a new lock and key.
Landlords must hold the deposit in a separate, interest-bearing account in a Massachusetts bank and must provide the tenant with a receipt and account information within 30 days. Landlords must also pay 5% annual interest on the deposit or the actual interest earned, whichever is less.
Landlords must return the security deposit within 30 days of the tenant vacating the unit, along with an itemized statement of any deductions.
cite: Mass. Gen. Laws ch. 186, § 15B
Eviction Procedures
Massachusetts requires landlords to follow specific legal procedures to evict a tenant. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 14-Day Notice: For nonpayment of rent; tenant must pay within 14 days or vacate
- 30-Day Notice (or rental period): For terminating tenancies at will without cause; the notice period is 30 days or the interval between rent payments, whichever is longer
- Lease term: For lease violations, the landlord must provide notice as specified in the lease
Massachusetts provides strong protections for tenants facing eviction. All evictions must go through the court system (Housing Court or District Court), and tenants have the right to contest the eviction, raise defenses, and request additional time to vacate.
cite: Mass. Gen. Laws ch. 186, § 11–12
Rent Control
Massachusetts does not currently have statewide rent control. Rent control was eliminated statewide by a 1994 ballot measure. Prior to that, cities including Boston, Cambridge, and Brookline had rent control ordinances.
Some local programs and tenant protections may exist at the municipal level, but there is no comprehensive rent stabilization framework in the state. Landlords are generally free to set and raise rent at their discretion, subject to the terms of any existing lease agreement.
For tenancies at will, landlords must provide at least 30 days' notice or one full rental period, whichever is longer, before implementing a rent increase.
cite: Mass. Gen. Laws ch. 186, § 12
Lease Agreements
Massachusetts permits oral lease agreements for tenancies of 12 months or less. Leases longer than 12 months must be in writing to be enforceable under the Statute of Frauds. Written leases are recommended to clearly document the terms of the tenancy.
Required Disclosures
Massachusetts landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties; Massachusetts has additional requirements under its Lead Law)
- Security deposit receipt: Including the amount, the name and address of the financial institution, and account number
- Statement of condition: A written description of the condition of the unit at the time of move-in, to be signed by both parties
- Insurance disclosure: Whether the landlord carries insurance covering the tenant's belongings
- Owner/agent identity: The name and address of the property owner or authorized agent
- Tax escalation clause: If the lease contains a tax escalation clause, the landlord must provide the base year tax information
cite: Mass. Gen. Laws ch. 186, § 15B
Tenant Rights
Massachusetts provides broad protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition as defined by the State Sanitary Code, including working plumbing, heating, electricity, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations, joining tenant organizations, or withholding rent for habitability issues
- Discrimination protection: Fair housing laws prohibit discrimination based on race, color, religion, national origin, sex, familial status, disability, sexual orientation, gender identity, age, marital status, veteran status, and source of income
- Right to privacy: While there is no specific statute requiring a notice period, courts generally require landlords to provide reasonable notice before entering a tenant's unit
- Repair and deduct: Tenants may withhold rent or make repairs and deduct costs if the landlord fails to maintain habitable conditions after proper notice
- Right to quiet enjoyment: Landlords may not interfere with the tenant's peaceful use and enjoyment of the rental unit