From unpaid rent to security deposit disputes, landlords who manage rental properties in Massachusetts can face any number of issues during a tenancy. That’s why it’s crucial to understand Massachusetts landlord-tenant law and the rules that govern landlords and tenants.
Understanding what each side can expect from the rental relationship can help keep an everyday rental problem from becoming a disastrous one. After all, knowing renters’ rights in Massachusetts makes it easier for landlords to meet their legal obligations.
Use the sections below to check each deposit, repair, and eviction deadline against the Massachusetts statute that sets it.
Massachusetts landlord-tenant law gives landlords several day-to-day legal duties that affect how they maintain rentals and work with tenants. They include:
Each of these duties comes from a specific statute or regulation, and several run on deadlines measured in hours or days.
Learn more: Guide to Landlord-Tenant Relationships
Massachusetts renters are entitled to certain rights and protections throughout the rental relationship. Here’s what to know:
The sections below cover these Massachusetts renters’ rights in more detail, including required notice periods, dollar limits, and the statutes that establish them.
Learn more: Guide to Tenant Rights & Responsibilities
Application fee limits: Neither a landlord nor the landlord’s agent can charge application, background check, or credit check fees at or before the start of a tenancy (Mass. Gen. Laws ch. 186, § 15B).
Permissible screening criteria: Landlords can review credit, eviction, and rental history under fair housing and consumer reporting rules.
In Massachusetts, Criminal Offender Record Information (CORI) contains a person’s criminal history within certain limits. Market-rate landlords can request standard CORI only as the final application step, after a signed acknowledgment (803 CMR 5.00).
Look-back limits on criminal and eviction records: Massachusetts consumer reports can’t include criminal records older than 7 years from disposition or release, or suits and judgments older than 7 years or their limitations period. Standard CORI includes only misdemeanors from the past 5 years and felonies from the past 10 years, with some exceptions.
Screening companies can’t report sealed evictions, and tenants can petition to seal dismissed or tenant-win cases once the case and any appeals end, with no waiting period (Mass. Gen. Laws ch. 93, § 52, Mass. Gen. Laws ch. 239, § 16).
Source-of-income and voucher protections: State law prohibits landlords from rejecting an otherwise qualified renter because they receive Section 8 vouchers or another federal, state, or local housing subsidy. Massachusetts law also bans discrimination based on a condition or rule of the assistance program (Mass. Gen. Laws ch. 151B, § 4(10)).
Adverse action notice obligations: When a consumer report leads to a denial or unfavorable lease terms, the Fair Credit Reporting Act requires the landlord to provide an adverse action notice. The notice names the reporting company, states that the company didn’t make the decision, and explains the tenant’s rights.
Massachusetts laws relating to CORI require additional adverse action notices (803 CMR 5.00).
Free resources: Send Rental Applications & Screen Tenants Online
Federal protected classes: The federal Fair Housing Act prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability (42 U.S.C. § 3604).
State-added protected classes: Massachusetts also protects tenants against discrimination based on age, ancestry, marital status, sexual orientation, gender identity, genetic information, veteran or armed forces status, and receipt of public assistance or housing subsidies (Mass. Gen. Laws ch. 151B, § 4).
Reasonable accommodations and modifications: Landlords must make qualifying, disability-related accommodations and allow reasonable modifications, which owners pay for in publicly assisted and 10-unit-plus housing.
Landlords can’t ask about the nature or severity of a disability or require medical records (Mass. Gen. Laws ch. 151B, § 4, Overview of Housing Discrimination).
Discriminatory advertising language: Phrases like “no children,” “no Section 8,” or “Christian tenants preferred” can unlawfully express a preference against protected applicants (Mass. Gen. Laws ch. 151B, § 4, 42 U.S.C. § 3604).
Complaint filing routes and deadlines: Tenants must file discrimination complaints with the Massachusetts Commission Against Discrimination within 300 days of the alleged act, or with the U.S. Department of Housing and Urban Development within 1 year (Mass. Gen. Laws ch. 151B, § 5, 42 U.S.C. § 3610).
Learn more: How to Screen Applicants Fairly
A Massachusetts-specific lease helps landlords document the rental arrangement without accidentally including unenforceable or illegal terms.
Statute of frauds: A lease for any term needs to be in writing and signed.
An interest in land that’s created without the required writing has the effect of an estate at will (Mass. Gen. Laws ch. 259, § 1, Mass. Gen. Laws ch. 183, § 3).
Mandatory lease terms: Written agreements must contain owner, maintenance, and legal contact information, as well as security deposit disclosures. Landlords must state these terms conspicuously in plain, understandable language (940 CMR 3.17).
Void and unenforceable clauses: Massachusetts won’t enforce lease clauses that excuse a landlord from liability for negligence, waive a residential tenant’s jury-trial or constructive-eviction rights, or waive protections under the security deposit law (Mass. Gen. Laws ch. 186, § 15, § 15B, § 15F).
Default rules absent a written lease: An unwritten rental agreement typically creates a tenancy at will.
For rent periods shorter than 3 months, either party can end the tenancy with written notice equal to the rental period or 30 days, whichever is longer (Mass. Gen. Laws ch. 186, § 12).
Renewal and holdover terms: Without an automatic renewal clause, the lease will typically expire on the set date.
Tenants who hold over as tenants at sufferance still owe rent for the time they occupy the unit (Mass. Gen. Laws ch. 186, § 3).
Massachusetts-specific leases: Custom Online Lease Builder
Landlords in Massachusetts must disclose certain information to tenants, some of it at or before signing the lease agreement and some afterward:
Learn more: Online Lease Agreement Template
Maximum deposit amount: Massachusetts landlords can collect a security deposit of no more than 1 month’s rent, not including prepaid first or last month’s rent (Mass. Gen. Laws ch. 186, § 15B).
Other move-in charges: Landlords and their agents may charge only for the purchase and installation of a new lock and key. Other upfront charges, including pet fees, cleaning fees, or a separate pet deposit, are not allowed (Mass. Gen. Laws ch. 186, § 15(1)(b)).
Account and interest requirements: Landlords must store security deposits in a separate, interest-bearing Massachusetts bank account. Tenants are entitled to either 5% in annual interest or the amount of interest the account actually earns, whichever is less (Mass. Gen. Laws ch. 186, § 15B).
Return deadline and triggering event: Landlords have 30 days after the tenancy ends to return the remaining security deposit (Mass. Gen. Laws ch. 186, § 15B).
Itemized statement requirements: To deduct damages from the security deposit, landlords must provide a sworn, detailed list of the damages and repairs, as well as written evidence of the costs.
If a landlord fails to provide this statement within 30 days after the tenancy ends, they forfeit any right to retain deposit funds (Mass. Gen. Laws ch. 186, § 15B).
Wear and tear versus tenant damage: Landlords cannot deduct funds to cover reasonable wear and tear. Landlords can retain deposit funds to cover repair costs for tenant-caused damage (Mass. Gen. Laws ch. 186, § 15B).
Penalties for wrongful withholding: Landlords who fail to store, transfer, or return the deposit on time must pay three times the amount owed, plus 5% interest, costs, and fees (Mass. Gen. Laws ch. 186, § 15B).
Learn more: How Security Deposits Work
Grace periods and late fees: Massachusetts doesn’t give tenants a grace period before rent becomes overdue.
Massachusetts landlord-tenant law also doesn’t limit how much landlords can charge in late rent fees, but a landlord can’t impose interest or other late-payment penalties until rent has been unpaid for at least 30 days (Mass. Gen. Laws ch. 186, § 15B).
Partial payment consequences: Partial payments don’t cure a nonpayment notice because the tenant must pay all rent due to stop the termination (Mass. Gen. Laws ch. 186, § 11, § 12).
Helpful tool: Collect Rent Online
Notice periods by tenancy type: For a month-to-month tenancy at will, landlords need to give written notice equal to the rental period or 30 days, whichever is longer. Massachusetts landlord-tenant law doesn’t set a longer notice period for larger rent increases (Mass. Gen. Laws ch. 186, § 12).
Mid-lease increase restrictions: During a fixed-term lease, landlords can’t raise the agreed-upon rent unless the lease agreement clearly states the conditions that will trigger an automatic increase (940 CMR 3.17(3)(a)(2)).
Statutory caps on increase amount: Massachusetts doesn’t limit rent increases. State law also broadly prohibits local mandatory rent-control programs, aside from one narrow voluntary exception (Mass. Gen. Laws ch. 40P, § 4).
Retaliatory and discriminatory increases: Landlords can’t raise rent for discriminatory reasons or in retaliation for protected acts, including reporting housing violations, making written complaints, pursuing housing-related legal relief, or organizing with other tenants (Mass. Gen. Laws ch. 186, § 18, Mass. Gen. Laws ch. 151B, § 4).
Learn more: Guide to Rent Increase Laws
Massachusetts has no statewide rent control or rent stabilization laws. In fact, state law prohibits cities and towns from imposing their own mandatory rent control laws (Mass. Gen. Laws ch. 40P, § 4).
Learn more: How to Raise Rent Legally
The implied warranty of habitability: Massachusetts landlords are required to provide and maintain residential premises that are fit for human occupation throughout the tenancy (Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973)).
Conditions constituting a violation: The State Sanitary Code covers heat, potable and hot water, plumbing, electrical systems, structural conditions, pest control, and excess moisture or mold conditions (105 CMR 410.000, Mass. Gen. Laws ch. 111, § 127A).
Tenant notice requirements: Tenants should promptly notify their landlords about any defects.
To repair-and-deduct, the violations must be certified, and the landlord must have written notice of them. For rent withholding, the landlord must know the conditions before the tenant refuses to pay (Mass. Gen. Laws ch. 111, § 127L, Mass. Gen. Laws ch. 239, § 8A).
Landlord response deadlines: Once the board of health issues its order, landlords must make a good-faith effort to correct serious health or safety violations within 24 hours. For other violations, they have up to 30 days (105 CMR 410.640).
Repair-and-deduct, withholding, and escrow remedies: If a landlord doesn’t make repairs after notice, tenants may repair and deduct up to 4 months’ rent in 12 months, withhold rent or pay it into court, or end the lease and move out (Mass. Gen. Laws ch. 111, § 127L, § 127F, Mass. Gen. Laws ch. 239, § 8A).
Helpful tool: Rental Property Maintenance Coordination
Advance notice requirements: Massachusetts landlord-tenant law doesn’t set a required notice period for ordinary inspections or showings. For access needed to comply with the State Sanitary Code, landlords must give tenants at least 48 hours’ notice. The Sanitary Code doesn’t require that notice to be in writing or delivered a particular way (105 CMR 410.003(E)).
Lawful reasons for entry: Massachusetts bars a lease from granting a general right of entry, except for inspections, repairs, and showings to prospective tenants, buyers, or mortgagees (Mass. Gen. Laws ch. 186, § 15B).
Emergency exception: Landlords do not need to give notice before entering to make emergency repairs (105 CMR 410.003(E)).
Remedies for unlawful entry and refused access: Unlawful entry that interferes with a tenant’s quiet enjoyment of the premises can subject a landlord to actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees.
Tenants must give their landlord access for Sanitary Code work after reasonable notice (Mass. Gen. Laws ch. 186, § 14, 105 CMR 410.003(E)).
Free form: 24-Hour Notice to Enter
No-cause termination notice periods: Terminating a month-to-month tenancy typically requires 30 days’ written notice or one full rental period, whichever is longer. Rental periods of 3 months or more require 3 months’ notice.
Fixed-term leases normally end on their stated date by their own limitation (Mass. Gen. Laws ch. 186, § 12, Mass. Gen. Laws ch. 239, § 1).
Statutory early termination rights: Servicemembers need to provide written notice and military orders to terminate a lease early under the Servicemembers Civil Relief Act. Tenants whose household member is a victim of domestic violence, rape, sexual assault, or stalking must give written notice within 3 months of the most recent incident, with qualifying proof on request.
To terminate a lease early because of serious, certified habitability violations, the landlord must have written notice and fail to start repairs within 5 days or finish within 14 days (50 U.S.C. § 3955, Mass. Gen. Laws ch. 186, § 24, Mass. Gen. Laws ch. 111, § 127L).
Legal grounds for eviction: Common grounds include nonpayment of rent, lease violations, holding over after the tenancy ends, and specified illegal activity.
The landlord still has to establish a lawful right to possession (Mass. Gen. Laws ch. 239, § 1, Mass. Gen. Laws ch. 139, § 19).
Notice periods by ground: An eviction for nonpayment requires a 14-day notice.
A tenant with a written lease can cure by paying all rent due, plus interest and costs, by the answer date in court. A tenant-at-will without a similar notice in the past 12 months has 10 days, or until the answer date if the notice omits required language (Mass. Gen. Laws ch. 186, § 11, § 12).
No single statewide notice period covers every lease violation. Specified illegal activity under Chapter 139 voids the lease at the landlord’s election, but the landlord still must go to court (Mass. Gen. Laws ch. 239, § 1; Mass. Gen. Laws ch. 139, § 19).
Court filing through judgment: After termination, a sheriff or constable will serve the summons and complaint before the landlord files it. Current Housing Court standing orders set the first court event 30 to 60 days after the case is entered.
Writ of possession and execution: In Massachusetts, removal orders are known as Execution. A court can’t issue an execution during the 10-day appeal period.
A sheriff or constable will then give at least 48 hours’ written notice before removing a tenant, and any belongings removed go to a licensed warehouse that can’t sell them for 6 months (Mass. Gen. Laws ch. 239, § 3, § 4, § 5).
Self-help eviction penalties: Landlords cannot use lockouts, utility shutoffs, force, or property removal to attempt to remove a tenant without going through the courts.
A landlord who attempts an illegal self-help eviction must pay actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and fees (Mass. Gen. Laws ch. 186, § 14).
Learn more: Massachusetts Eviction Laws
Squatter, holdover tenant, and guest distinctions: A squatter moves into a property without permission; a holdover tenant once had a valid tenancy but refuses to leave after the lease ends; and a guest originally entered with permission.
Civil court must remove holdovers and rightfully admitted occupants, while trespassing can lead to criminal enforcement (Mass. Gen. Laws ch. 239, § 1; Mass. Gen. Laws ch. 266, § 120).
Adverse possession elements and statutory period: Under case law, a claimant has to prove actual, open, notorious, exclusive, and nonpermissive possession continuously for the statutory 20 years. Permission from the owner defeats an adverse possession claim (Mass. Gen. Laws ch. 260, § 21).
Practical likelihood of a successful claim: Registered land can’t be acquired through adverse possession at all (Mass. Gen. Laws ch. 185, § 53).
Landlords can keep squatters off their properties by conducting regular inspections, posting No Trespassing signs, and promptly reporting anyone who entered without permission to the police. Landlords should never accept rent payments or attempt to create an informal occupancy agreement with a squatter.
Learn more: What are Squatters’ Rights?
Tenant property after an eviction: After a court-ordered eviction, an officer will send any belongings removed to licensed storage, and the warehouse is required to hold them for at least 6 months (Mass. Gen. Laws ch. 239, § 4).
Local ordinances adding to state law: Boston has additional notice and relocation rules for qualifying condominium conversions, while Cambridge requires landlords to provide tenant-rights notices when tenancies start and when legal steps to end them begin.
These local rules supplement statewide eviction law (Boston Condominium and Cooperative Conversion Ordinance, Cambridge Tenants’ Rights Notification Ordinance).
Smoke and carbon monoxide detector requirements: Property owners are required to install and maintain smoke and carbon monoxide alarms.
CO alarms must be on every level of most homes and should sit within 10 feet of bedroom doors. Landlords must perform required maintenance, repairs, and battery replacement (Mass. Gen. Laws ch. 148, § 26F1/2, Mass. Dept. of Fire Services).
Utility billing and submetering: Electric submetering is prohibited, while water submetering requires licensed-plumber installation, conservation fixtures, and a written agreement. Common-area water can’t be billed to tenants (Mass. Gen. Laws ch. 186, § 22, Massachusetts Electric Submetering, 105 CMR 410.130(C)).
Recent and pending statutory changes: Since August 1, 2025, the broker’s fee falls on whichever party originally engaged the broker. Since May 5, 2025, the state has also allowed qualifying eviction records to be sealed.
Pending H.5301 would also limit late fees and restrict mandatory rental add-on charges, though it hadn’t become law as of October 2026 (Mass. Gen. Laws ch. 112, § 87DDD1/2, Mass. Gen. Laws ch. 239, § 16, H.5301).
Massachusetts landlords and tenants can use these official resources for landlord-tenant law, court procedures, legal help, and more:
Massachusetts landlord-tenant laws are very tenant-friendly. Renters receive substantial protections for habitability, deposits, retaliation, screening, and eviction, though landlords also have remedies for unpaid rent, lease violations, and tenant-caused damage.
No single notice period applies to every type of landlord entry. Landlords must schedule ordinary inspections and showings in advance and typically must give 48 hours’ notice before entering to comply with the State Sanitary Code. No notice is required in an emergency.
A landlord typically has 30 days after the tenancy ends to return the security deposit and any required interest, minus any lawful deductions. If a tenant on a written lease agreement moves out early, the clock starts on the day the lease ends.
Not for a tenancy at will. To raise rent, the landlord must give at least 30 days’ written notice or one full rental period before the next payment, whichever is longer. During a fixed-term lease, rent can’t increase unless the lease already allows it.
Massachusetts renters have rights to habitable housing, proper handling of deposits, protection from retaliation and discrimination, reasonable privacy, and a court process before removal. Qualifying tenants may also withhold rent or repair-and-deduct for serious, unresolved conditions.
