Massachusetts Landlord-Tenant Rights [2025]

rafiqul Updated on April 29, 2025 42 views 0

Understanding landlord-tenant rights in Massachusetts is key to avoiding legal trouble and maintaining good relationships.

Whether you’re a property owner or a renter, knowing what the law says about rent collection, security deposits, repairs, eviction, and privacy can protect you.

This guide breaks down the major rights and responsibilities for both landlords and tenants under Massachusetts law—simply and clearly—so you know exactly where you stand.

What are Landlords’ and Tenants’ Rights in Massachusetts? 

What Rights Do Landlords Have in Massachusetts?

In Massachusetts, landlords have clear rights to help them manage their rentals. They can collect rent on the 1st of each month, evict tenants who break the rules, and enter the apartment for repairs or inspections with proper notice.

Let’s understand each of these rights in detail below.

Collect Security Deposit

Landlords can ask for 1 month’s rent as a security deposit (Mass. Gen. Laws ch. 186 § 15B) to cover property damage beyond normal wear and tear, any unpaid rent, and other costs agreed to in the lease. For example, if the monthly rent is $2,500, the security deposit allowed is $2,500—there are no exceptions that allow a higher deposit.

Increase Rent

With no official rent hike restrictions in the state, landlords can increase rent by any amount. For month-to-month tenancies, they must notify the tenant at least 30 days before the new rent comes into effect. On the contrary, no rent hike is permitted for fixed-term leases until the agreement expires. 

Access to Rental Property

A landlord can access the rental property if they inform the tenant ahead of time—for example, to make repairs, check the condition of the apartment, or show it to potential tenants, buyers, or real estate agents. In case of an emergency, like a serious repair issue that could harm the building, or if it looks like the tenant has left the apartment, no tenant approval is required. 

Evict Tenants

Landlords have the legal right to evict tenants from their housing for rent non-payment, lease term violations, illegal conduct, or termination of tenancy-at-will. However, the tenant must be served with a Notice to Quit—14 days for rent arrears and 30 days for other reasons (Mass. Gen. Laws ch. 186 § 11).

Ask for Certain Payments Upfront

Apart from a security deposit, Mass. Gen. Laws ch. 186 § 15B(1)(b) also permits landlords to ask for the following payments upfront:

• First month’s rent
• Last month’s rent—calculated at the same rate as the first month
• Purchase and installation cost for a key and lock

The landlord must provide a signed receipt with the below information for payment(s) made with cash or money order:

• Amount paid
• Date of payment
• Description of what the payment was for
• Landlord’s name
• Tenant’s name
• Name of the person to whom the payment was given, if not the landlord 

Charge Late Fees

A tenant can be charged a late fee if they miss the rent payment for 30 or more days past the due date. While the state imposes no cap on this late fee, most landlords keep it fair at 4-5% of the month’s rent. 

Run Criminal History Checks

It’s okay for landlords to run criminal history checks of applicants, as long as it’s carried out in a legal and non-discriminatory manner. For example, the landlord can’t ask applicants of a certain color for criminal history information. 

What Rights Do Tenants Have in Massachusetts? 

Tenants in Massachusetts have key rights to keep things fair and safe, such as privacy, habitable living conditions, no unfair treatment, and timely repairs. Understanding these rules helps tenants feel confident and protected. 

Make Partial Rent Payments

Tenants can make partial rent payments if they’re unable to pay the full amount at once. While landlords can’t refuse partial payments, they can still charge late fees on any remaining unpaid rent portion. 

Repair and Deduct

Tenants can use the “repair and deduct” remedy against the landlord if they fail to begin repairs in 5 days and substantially complete them in 14 days from the date of request in writing. Mass. Gen. Law ch. 111, § 127L also allows a tenant to deduct a total of up to 4 months’ rent in any 12-month period, or period of occupancy, whichever is shorter, from rent due to the owner.

Privacy

Tenants have the right to enjoyment and privacy in their homes. Landlords can only enter the rental place with a good reason, and must tell the tenant first—usually 24 hours before. They can’t just walk in anytime, except in emergencies like a fire or flood.  

No Discrimination

The Fair Housing Act of 1968 and Fair Housing Act Amendments Act of 1988 prohibit discrimination against tenants on the basis of:

• 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
• Sex (includes gender identity and sexual orientation)

Tenants who believe they’ve been victims of any discrimination can file a complaint with the Department of Housing and Urban Development (HUD). 

Sublet or Assign a Lease

Subletting is allowed in Massachusetts, meaning a tenant can temporarily have a minor child, elderly, or disabled relative as a guest with them. For longer stays or for the remainder of the lease term, the tenant can assign the lease, or in other words, give up the apartment permanently. 

Withhold Rent

A tenant can withhold rent if the landlord fails to fix major problems that breach the implied warranty of habitability. The amount withheld must be logical, and valid proof of written notice to the property owner is mandatory, per Mass. Gen. Law ch. 239, § 8A. 

Redeem the Tenancy

A tenant can redeem the tenancy by repaying all outstanding rent and other dues before the landlord executes an eviction. 

What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in Massachusetts?

Legal Termination Procedure in Massachusetts

Ending a lease in the Commonwealth of Massachusetts requires both tenants and landlords to follow the legal procedure to avoid problems. This includes giving proper notice and knowing when breaking a lease is okay without penalties. 

Here’s the overview of the entire process to do it right!

Notice Requirements 

• Week-to-Week Lease: No official statute, but at least 1 week’s notice is recommended 
• Month-to-Month Lease: At least 30 days notice 
• Annual Lease: 3 months’ notice if the rent payment intervals are three months or longer
• Fixed-Term Lease: No notice requirements

Justified Reasons to Break a Lease

• Active military duty under the Servicemembers Civil Relief Act (SCRA)
• Early Termination Clause included in the lease
• Harassment by the landlord, e.g., changing the property’s locks without the tenant’s consent or entering the property illegally 
• Domestic violence, rape, or verbal abuse
• Violation of health and safety codes
• Discrimination 
• Non-compliance with the lease terms

Unjustified Reasons to Break a Lease

• House upsizing or downsizing
• New house purchase
• Relocating for a new school or job
• Shifting to be closer to a family member or close friend
• Separation from the partner
• Marriage

Notice Delivery 

The lease termination notice can be delivered to the landlord by serving it in person, leaving it at the landlord’s known address, or mailing it via a registered or certified mailing address. 

Consequences of Breaking a Lease Early

• Continue paying the rent until a new tenant takes over the lease or occupancy
• Loss of security deposit 
• Poor relationship with the existing landlord 
• Difficulty in finding a new rental in the future 
• Lawsuits

Eviction Process in Massachusetts

A landlord can’t simply tell a tenant to leave—they need a valid reason, must send a proper 7 to 14-day eviction notice, and go through court. Only a sheriff can remove a tenant, and that’s only after a court order is given. 

Here’s the step-by-step eviction process:

Step 1: Serve a 7 to 14-Day Eviction Notice

If a tenant is to be evicted, a landlord must send an eviction notice. There are three types:

• Rent Demand Notice: This gives 14 days to pay overdue rent or leave, unless the lease says otherwise. (Mass. Gen. Law ch. 186 § 11A)
• Lease Violation Notice: This gives week-to-week or month-to-month tenants 7 days to leave for breaking rules like having too many people. (Mass. Gen. Law ch. 186 § 17)
• Unconditional Notice to Quit: This is for illegal acts, like drugs or violence, with no chance to fix it—days to leave depend on the lease. (Mass. Gen. Law ch. 139 § 19)

While every notice must be clear, the Rent Demand Notice must be accompanied by a form explaining it’s not an eviction yet, and tenants can fight it in court. Landlords should deliver it by hand, certified mail, or sheriff to prove the tenant got it. If evicted, landlords can claim repair costs and lawyer fees.

Step 2: File an Eviction Lawsuit With the Court 

If a tenant doesn’t pay rent or breaks the lease after the notice period, the landlord can proceed to file an eviction case in court, like Housing or District Court. 

First, they fill out a Summary Process Summons and Complaint form (sample), bought for $5. Then, a sheriff delivers it to the tenant within 7-13 days after filing, costing $20. The form includes the eviction reason, court date, and property details. Finally, the landlord files the original form back with the court, paying a fee—$135 in Housing Court or $195 in District Court, including a $15 surcharge.

Step 3: Attend the Court Hearing

At the court hearing, the landlord brings the lease, eviction notice, proof it was delivered, and evidence of the tenant’s mistake. Both sides tell the judge their story. If the judge agrees with the landlord, a writ of restitution comes in 10 days, letting the sheriff remove the tenant, in accordance with Mass. Gen. Law ch. 239 § 5(a). 

Either side can appeal within 10 days and might need to pay a bond. After the appeal decision, the tenant has 5 days to follow the court’s ruling. (Mass. Gen. Law ch. 239 § 5)

Step 4: Tenant Gets 48 Hours to Move Out

After the court decides, a writ goes to the sheriff, who puts it at the tenant’s home. It says the tenant must leave in 48 hours (Mass. Gen. Law ch. 239 § 3), or the sheriff will remove them. The writ has the following information:

• Sheriff’s name, full address, phone number, and signature 
• Name of the court and the action’s docket number
• A statement that the officer will store personal property left behind at a licensed public warehouse
• Warehouse’s name, address, and phone number
• A statement that the unclaimed items can be sold after six months to compensate for the storage’s cost

The tenant can pay all owed rent and costs to stay, if the landlord agrees. But the landlord can still enforce the eviction even if the tenant pays everything. (Mass. Gen. Law ch. 239 § 3)

Step 5: Sheriff Arrives to Forcibly Remove the Tenant

If the tenant doesn’t leave in 48 hours, the landlord can ask the court for a writ of execution. Then, the sheriff will come on a weekday between 9 a.m. and 5 p.m., not on holidays, to remove the tenant and their things. (Mass. Gen. Law ch. 239 § 3)

The tenant can ask for a delay of 6-12 months if the eviction wasn’t their fault or if they have a reason, like a disability. After removal, the sheriff picks a nearby public warehouse to store the tenant’s leftover items. If there’s an abandoned animal, the sheriff calls animal control right away. You can read other storage rules in Mass. Gen. Law ch. 239 § 4.

Dispute Resolution Options in Massachusetts

Landlords and tenants in The Bay State can solve disputes without stress or taking the matter to the court. Some common dispute resolution options include:  

Talking It Out (Negotiation)

The simplest way to fix a dispute is by talking directly with each other. For example, if a tenant is late on rent, the landlord can call or meet them to discuss a payment plan. Or if the landlord hasn’t fixed a faulty faucet, the tenant can politely ask for repairs. Both sides should listen, stay calm, and try to agree on a fair solution.  

Writing a Letter

If negotiations don’t work, writing a letter is another good step. The tenant or landlord can write down the problem, like unpaid rent or a broken heater, and suggest a timeline to fix it. The letter should be polite and clear. It’s a good idea to keep a copy of the letter and send it with a tracking number, so there’s proof it was sent. 

Mediation

Mediation is when a neutral person, called a mediator, helps the landlord and tenant solve their disagreement. In Massachusetts, the Attorney General’s Office offers mediation services, and so do local housing courts. For example, if a landlord wants to evict a tenant for noise complaints, the mediator listens to both sides and helps them find a solution, like setting quiet hours. 

Mediation is not a court, so the mediator doesn’t decide who’s right or wrong—they just help both sides agree. It’s a great option because it’s faster than court and keeps things peaceful.

Small Claims Court

If nothing else works, tenants and landlords can go to a small claims court, which provides a simple, informal, and inexpensive option for resolving cases where the claim is $7,000 or less. For example, if a landlord doesn’t return a tenant’s deposit, the tenant can file a case in small claims court. It’s simpler than a big court, and you don’t need a lawyer. 

Both sides explain their story to a judge, who decides what to do. This option takes more time but can solve bigger problems.

What Are Landlords’ and Tenants’ Responsibilities in Massachusetts?

Landlord Responsibilities in Massachusetts

Massachusetts landlords have important duties to keep tenants safe and happy, ranging from fixing problems, returning deposits, and complying with lease terms. Knowing these responsibilities helps landlords avoid issues and create a good home for renters.

Ensure a Habitable Rental Unit

Landlords must make sure the rental home is safe and good to live in. This means following the rules outlined in the State Sanitary Code, Chapter II. The place should be clean, have no major issues, and meet basic health and safety standards, so tenants can live comfortably and safely. 

Return Security Deposit Within Stipulated Time

The entire security deposit amount, minus any valid deductions, should be refunded to the tenant within 30 days after the tenancy ends. 

Provide a Copy of the Lease or Rental Agreement

A landlord must provide a copy of the lease or rental agreement to the tenant, so they’ve a clear understanding of their obligations and rights under the law. 

Make Mandatory Disclosures 

A landlord must disclose specific information to the potential tenant before signing the lease agreement, such as: 

• Broker or “finder’s fee” to be paid to authorized real estate broker involved in the renting the property
• According to Mass. Gen. Law ch. 186, § 21, a landlord must also disclose the name of the insurance company insuring the apartment against loss or damage by fire, the insured amount, and the name of the recipient of payment for a loss covered by insurance
• Mass. Gen. Law ch. 186, § 15C also requires a landlord to inform the tenant about the share of real estate tax to be paid by them, plus a refund from the tax abatement, minus attorneys’ fees
• Presence of lead-based paint in homes built before 1978, lead pipes in residences built before 1951, and lead-based solder in plumbing systems installed before 1988
• Available utilities for the tenant and applicable charges

Give a “Statement of Condition” of Rental

In Massachusetts, landlords need to provide tenants with a “Statement of Condition” for the rental property. This must be given within 10 days after the tenancy starts or when the landlord gets the security deposit, whichever comes later. The statement must list any damages, including, but not limited to, any violations of the state sanitary or state building codes, checked by local officials or a court. 

The landlord or their agent must sign it, and it needs a big, bold notice in 12-point font at the top of the first page. (Mass. Gen. Law ch. 186, § 15B(2)(c) 

Tenant Responsibilities in Massachusetts

Tenants play a big role in keeping their rental space nice and following lease rules. They, too, have certain responsibilities to fulfill, like paying rent promptly, maintaining the property, and respecting the neighbor’s privacy, to name a few. 

Pay Rent on Time

It’s the tenant’s duty to pay the rent on time, which is typically the 1st of every month. However, the landlord can also set another due date for rent.   

Maintain the Property

Throughout the tenancy, the renter must maintain the property in the condition it was received by them. This includes keeping the premises clean, sanitary, and in good repair, as well as informing about any maintenance issues to the landlord.  

Perform Minor Repairs

Tenants usually take care of small fixes in their rental home, like changing lightbulbs, tightening door handles, clearing a clogged toilet, or handling small plumbing problems. But bigger repairs, such as fixing the roof, electrical issues, or heating and cooling systems, are the landlord’s job. 

Massachusetts Landlord-Tenant Rental Laws

Massachusetts’ rental laws guide landlords to maintain safe, clean homes and tenants to pay rent on time while following rules. Covering eviction, security deposit, and right to entry, these laws protect everyone. 

Rent Control Law

Massachusetts hasn’t had rent control since 1994 after a statewide vote. This means landlords can raise rent as much as they want. But they must tell tenants ahead of time—usually 30 days for month-to-month renters. If the landlord has to raise rent too much due to tough market conditions or high inflation, tenants can try to talk with the landlord or look for help from local housing groups. 

Eviction Law

Landlords can evict tenants if they don’t pay rent, break the lease, or do illegal things like selling drugs. First, they must send a notice—like 7 days. If the tenant doesn’t fix it, the landlord can go to court to file an eviction case. A judge decides, and if the landlord wins, the sheriff can remove the tenant after 48 hours. Tenants can appeal or ask for a delay if they have a good reason, like a disability.

Security Deposit Law

Massachusetts landlords can ask for a security deposit to cover damages, but it must be kept in a separate, interest-bearing account in a bank located within the state. They must also give the tenant a receipt with the bank’s name and location, along with the account number. (Mass. Gen. Law ch. 186, § 15B(3)(a)). 

Note: For security deposits held for a year or longer, a landlord must pay interest at the rate of 5% per year. 

When the tenant moves out, the landlord has 30 days to return the deposit, minus money for repairs if the tenant broke something.   

Right to Entry Law

Owners can enter a rental home, but they must have a good reason, like making repairs or showing the place to new renters. They need to tell the tenant first, typically 24 hours before, unless it’s an emergency, like a fire or big leak. This rule keeps tenants’ privacy safe, so they feel comfortable in their home. Landlords can’t just walk in anytime they want. 

Pet Law

It’s up to a landlord to allow pets on their property. However, some tenants with disabilities or the elderly can have service animals as companions, and landlords must allow them under fair housing laws. If a tenant brings in a pet without permission, the landlord can ask them to remove it or even start an eviction.

Please note that charging any pet rent, pet fees, or pet-related security deposit is strictly prohibited by the Massachusetts laws. 

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Frequently Asked Questions

What tenant rights apply in Massachusetts when the landlord sells the house?

When a landlord sells a house in Massachusetts, the new owner must follow the existing lease. For month-to-month tenants, the new landlord must give a 30-day notice to leave. Tenants also have the right to a safe, clean home, and the new owner can only enter the property with proper notice unless it’s an emergency.

What are the notice-to-vacate requirements under Massachusetts landlord-tenant law?

Landlords must give tenants a notice to vacate based on the situation. For month-to-month tenants, it’s a 30-day notice before the rent due date. If the tenant doesn’t pay rent, the landlord gives a 14-day notice to pay or leave. For lease violations, the notice is usually 7-14 days, depending on the lease terms. These rules ensure tenants have enough time to plan their next steps. 

What does Massachusetts landlord-tenant law stipulate regarding security deposits?

Massachusetts law says landlords can ask for a security deposit, but it must be kept in a separate bank account that earns interest. The landlord must give a receipt and return the deposit within 30 days after the tenant moves out, minus owed rent and any repair costs for damages beyond normal wear and tear. 

Does Massachusetts landlord-tenant law apply to commercial leases?

No, Massachusetts landlord-tenant laws mostly apply to residential apartments, houses, and multi-tenant dwellings, rather than commercial leases. These laws are designed with a focus on protecting people living on rent, ensuring safe conditions and fair treatment. 

Is Massachusetts a landlord-friendly state?

Massachusetts isn’t very landlord-friendly because its laws focus more on protecting tenants. Landlords must follow strict rules, like keeping homes safe, handling security deposits properly, and giving tenants enough notice before eviction. There are also strong tenant rights, e.g., lead paint safety for kids. The only thing that favors landlords is no statewide rent control yet!  

Does Massachusetts have rent control?

No, Massachusetts doesn’t have rent control. There used to be rent control laws, but they were banned in 1994 after the bill was approved by a Democrat-controlled legislature and signed by Republican Governor William Weld. However, cities like Boston, Cambridge, and Somerville do have rent control for certain units.