Under Massachusetts law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under Massachusetts General Laws Chapter 186, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In Massachusetts, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to Massachusetts’ habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | Usually | Only If Provided |
| Garbage Containers/Removal | Usually | Usually |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must make necessary repairs in a timely manner. In Massachusetts, repairs must be made usually within 14 days after getting written notice from tenants. If repairs aren’t made in a timely manner, Massachusetts tenants can sue for costs, or a court order to force the landlord to make repairs. They can also make repairs and deduct from the rent. Read more
Massachusetts landlords are permitted to evict tenants for the following reasons:
Landlords are not permitted to evict tenants in retaliation or for discriminatory reasons, as well as for joining a tenant union or taking legal action against another household member for alleged domestic abuse.
It’s illegal for Massachusetts landlords to retaliate with any substantial change in the tenancy against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
Returns and Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant wishes to terminate a periodic lease, then they must give the following amounts of notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | No statute |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | Same amount as average pay interval (normally 3 months) |
Early Termination: Massachusetts tenants may legally break a lease early for the following reasons:
If a Massachusetts tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Massachusetts does not have rent control and state law prohibits cities and towns from creating their own rent control laws unless participation by landlords is completely voluntary.
Because Massachusetts does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ written notice or equal to the frequency of rent payments, whichever is longer. For example, if a tenant pays rent every two months, they must be given 60 days’ notice before a rent increase.
Protected Groups: The Fair Housing Act prohibits discrimination against tenants on the basis of race, color, national origin, religion, familial status, sex, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. Massachusetts state law adds extra protections for tenants on the basis of income source, sexual orientation, gender identity, age, marital status, military status, or genetic information.
Discriminatory Acts & Penalties: The state’s Attorney General Civil Rights Division handles housing discrimination complaints. The following behaviors have been identified as potentially discriminatory when directed at a member of a protected class:
The Attorney General does not list specific punishments for discrimination, so it is assumed that each penalty is handled on a case-by-case basis.
In addition to having laws that address general issues like repairs and security deposits, most states, including Massachusetts, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Massachusetts law allows a landlord to enter an occupied property only for the purposes of inspections, maintenance, and property showings (or with a court order). While there isn’t a general law covering advance notice for all types of entry, almost all repair and code compliance work requires at least 48 hours of notice before entry. [2]
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount they believe they are owed is less than $7,000. The small claims limit does not include damages, court costs, and attorneys’ fees that may be awarded by a judge in some circumstances. The process takes approximately one to two months.
Massachusetts landlords must make the following mandatory disclosures:
Massachusetts tenants can change locks without permission, as long as the landlord keeps his relevant rights of access. Tenants may request that a landlord change the locks if they are the victim of domestic abuse. Landlords are forbidden from changing the locks as this is an illegal form of “self-help” eviction.
When a Massachusetts landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Many cities in Massachusetts have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations. There is also information in the resources linked below.
(A) Every owner of a residence who does not reside therein shall post signage, which contains the owner’s name, street address and telephone number, and, if applicable:
(1) The name, street address and telephone number of the president of the corporation; (2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or (3) The name, street address and telephone number of a property manager who does not reside in the building. (B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence. (C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants’ Legal Rights and Responsibilities issued by the Department; (D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants.
Every occupant of a residence, upon reasonable notice and if possible by appointment, shall give the owner thereof, or the owner’s representative, access to the residence for the purpose of effecting compliance with the provisions of 105 CMR 410.000 . Access shall be at a reasonable time and shall include, but not be limited to, any cooperation required for repairs, alterations, pest elimination, and service of utilities. An owner shall provide at least 48 hours notice to the occupant, except for emergency repairs for which no notice is required.
Can a Landlord Enter Without Permission in Massachusetts? Massachusetts law lets a landlord enter for only three purposes: inspections, maintenance, and property showings. Landlords don't need permission to enter for these lawful purposes, although they do have to enter in a time, place, and manner which don't disturb the tenant's peaceful enjoyment of the rental property. Read more » Is Massachusetts a “Landlord Friendly” State? Massachusetts is generally considered less landlord-friendly because the commonwealth strictly regulates several fees the landlord can charge, although conversely, the state does not have a rent control policy. Read more » What Are a Tenant’s Rights in Massachusetts? Tenants in Massachusetts have several rights such as the right to a habitable dwelling and to seek housing without discrimination. When a landlord violates a rental agreement, a tenant can repair and deduct, sue for damages, or ask a court to cancel the lease. Read more » Can a Tenant Change the Locks in Massachusetts? Massachusetts tenants can change their own locks, as long as they don't damage the rental property or reduce the landlord's rights of access. Tenants who are recent victims of domestic abuse can also (at their own expense) require that landlords change the locks. Read more »
