Massachusetts Landlord-Tenant Law
The rules for renting in Massachusetts — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Massachusetts
- Security deposit limit
- Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. G.L. c. 186, § 15B(1)(b)
- Deposit return deadline
- 30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. G.L. c. 186, § 15B(4)
- Notice for unpaid rent
- 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. G.L. c. 186, §§ 11, 12, 31
- Ending a month-to-month lease
- Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties. G.L. c. 186, § 12
- Landlord entry notice
- No set advance-notice period (for example, 24 hours) in the statute. A lease may allow the landlord to enter only to inspect, make repairs, or show the unit to prospective tenants, buyers, or mortgagees; under a court order; if the unit appears abandoned; or within the last 30 days of the tenancy, after either party has given notice to end it, to inspect for damage that could be deducted from the deposit. G.L. c. 186, § 15B(1)(a)
- Rent control / increase limits
- Banned statewide by state law, and the ban is still in force. 'No city or town may enact, maintain or enforce rent control of any kind,' except a narrow program in a municipality that accepts c. 40P. Owner compliance with that program must be voluntary after 6 months, it cannot cover owners of fewer than 10 units or units with a fair market rent above $400, and the town must pay owners the difference from general funds. There is no statewide cap on rent increases. Rent control is NOT on the November 3, 2026 state ballot. The Secretary of the Commonwealth lists nine binding statewide questions (Questions 1-8 are initiative laws and Question 9 is a referendum on the 2024 firearms law), and none of them deals with rent control or rent stabilization. The rent-control initiative (Initiative Petition 25-21, 'An Initiative Petition to Protect Tenants by Limiting Rent Increases') was challenged at the Supreme Judicial Court in Cella v. Attorney General, SJC-13893. G.L. c. 40P, §§ 3-4; Secretary of the Commonwealth, 2026 State Election Ballot Questions; Cella v. Attorney General, SJC-13893
Last verified against official sources: 2026-10-23
Security Deposits in Massachusetts
| Security deposit limit | Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. The AG guide confirms that landlords may not charge upfront pet, broker, or application fees: https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights Source: G.L. c. 186, § 15B(1)(b) |
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| Deposit return deadline | 30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. Allowed deductions are limited to: unpaid rent or water charges; unpaid real-estate-tax increases under a conforming tax-escalation clause; and the reasonable cost of repairing damage beyond normal wear and tear. On Aug. 1, 2025 the SJC held that tenants are not financially responsible for routine painting, carpet cleaning, or professional cleaning at move-out (described in an AG press release: https://www.mass.gov/news/ags-office-releases-advisory-on-new-law-banning-forced-renter-paid-broker-fees). The case name was not verified from an official source. Source: G.L. c. 186, § 15B(4) |
| Itemized deductions | To keep any part of the deposit for damage, the landlord must give the tenant, within 30 days after the tenancy ends, an itemized list of the damage. The list must be signed under the pains and penalties of perjury, describe the damage and repairs in precise detail, and include written evidence such as estimates, bills, invoices, or receipts. Move-in statement of condition: when the landlord takes a deposit, it must give a signed statement of condition on receipt of the deposit or within 10 days after the tenancy begins, whichever is later. The tenant has 15 days to return it with any disagreements (§ 15B(2)(c)). Damage listed on that statement cannot later be deducted from the deposit. Deposit records must be kept for 2 years (§ 15B(2)(d)). Source: G.L. c. 186, § 15B(4)(iii) |
| Interest on deposits | Yes. The deposit must be held in a separate, interest-bearing account at a bank located in Massachusetts, and it must be protected from the landlord's creditors. Within 30 days the tenant must receive a receipt naming the bank, the amount, and the account number. Interest is 5% per year, or the lower rate the bank actually paid, and it is paid to the tenant each year. Prepaid last month's rent also earns 5% per year, paid annually. If the tenant does not receive the interest or an annual notice within 30 days after the end of each tenancy year, the tenant may deduct the interest from the next rent payment. If the tenancy ends before an anniversary, accrued interest is due within 30 days. Failure to pay interest owed on last month's rent within 30 days after termination exposes the landlord to 3x the interest, plus costs and attorney's fees. |
| Penalty for withholding | Three times the deposit (or the balance owed), plus 5% interest from the date payment was due, court costs, and reasonable attorney's fees. This applies to the failures listed in § 15B(6)(a), (d) and (e), including failing to return the deposit (or balance) within 30 days. The landlord also forfeits the right to keep any part of the deposit if it, for example, misses the 30-day itemized-list deadline or does not hold the deposit in a separate Massachusetts interest-bearing account. Lease clauses that conflict with § 15B, and tenant waivers of its protections, are void (§ 15B(8)). Source: G.L. c. 186, § 15B(6)-(7) |
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Eviction in Massachusetts
| Notice for unpaid rent | 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. Lease cure right: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section11. Under § 31 (https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section31), a nonpayment notice to quit must be accompanied by an EOHLC form with rental-assistance information (including RAFT) that states 'THIS NOTICE TO QUIT IS NOT AN EVICTION.' The court may not accept a nonpayment complaint for filing without proof the form was delivered. If the tenant's tenancy at will notice omits the cure statement, the cure deadline extends to the answer date. The mass.gov tenant guide says tenants in federally assisted housing may get a 30-day notice for nonpayment. Source: G.L. c. 186, §§ 11, 12, 31 |
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| Notice for lease violations | No single statutory period. Tenancy at will: the landlord generally ends it with a written notice to quit of at least 30 days (or one rental period, if longer) that expires at the end of a rental period, stating the lease violation as the reason. Unexpired lease: the lease itself controls the grounds for termination and the notice required. The court page says that if a landlord is evicting for a lease violation or nonpayment, the notice to quit must state that reason. The EOHLC tenants' guide describes a '30-day notice to quit' for lease violations and other reasons: https://www.mass.gov/info-details/tenants-guide-to-eviction. No statute was found setting a cure period for lease violations. G.L. c. 139, § 19 allows an expedited process where illegal drugs are found in a unit (per the same court page). |
| Lockouts & utility shutoffs | Illegal. A landlord who willfully fails to provide required utilities or services (heat, hot water, water, light, power, gas, elevator); interferes with them; shifts utility costs to the tenant without consent; interferes with quiet enjoyment; or tries to regain possession by force without court process faces: a criminal fine of $25-$300 or up to 6 months' imprisonment; and civil liability for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. A tenant removed or excluded without a valid court order may get back into the unit or end the lease, and may recover 3 months' rent or 3x actual damages, plus costs and attorney's fees. Wrongful ouster remedy: https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15F. Lease waivers of these protections are void. Source: G.L. c. 186, §§ 14, 15F |
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Notice to Vacate in Massachusetts
| Ending a month-to-month lease | Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties. The court's landlord guidance says a month-to-month notice to quit must be at least 30 days and expire at the end of a rental period, with special care for February: https://www.mass.gov/info-details/find-out-how-to-start-the-eviction-process. The AG guide says rent changes in a tenancy at will need the same notice. A notice may include an offer of a new tenancy on different terms without becoming invalid. Source: G.L. c. 186, § 12 |
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Landlord Entry in Massachusetts
| Landlord entry notice | No set advance-notice period (for example, 24 hours) in the statute. A lease may allow the landlord to enter only to inspect, make repairs, or show the unit to prospective tenants, buyers, or mortgagees; under a court order; if the unit appears abandoned; or within the last 30 days of the tenancy, after either party has given notice to end it, to inspect for damage that could be deducted from the deposit. The AG guide says the landlord must arrange entry with the tenant in advance for repairs, inspections, or showings. Entry without the tenant's approval is allowed for a mechanical or repair emergency that could damage the building, or for apparent abandonment: https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights. The statute does not state a specific number of hours' notice. Source: G.L. c. 186, § 15B(1)(a) |
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Repairs & Habitability in Massachusetts
| Repair and deduct | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. Not available for conditions caused by the tenant, the household, or guests, or if the tenant unreasonably denies access. The landlord may recover excessive deductions only in a contract action, not through eviction. Waivers are void, except in a lease of 2+ years where the tenant agrees to do specific repairs in exchange for substantially lower rent. Source: G.L. c. 111, § 127L |
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| Withholding rent | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. Proof of a code violation that may endanger health or safety creates a presumption that the conditions existed. Written notice of a board of health inspection creates a presumption that the landlord knew. Not available in hotels, motels, lodging houses, or rooming houses occupied less than 3 consecutive months. The AG advises tenants to get legal advice before withholding: https://www.mass.gov/guides/the-attorney-generals-guide-to-landlord-and-tenant-rights Source: G.L. c. 239, § 8A |
| Retaliation protection | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. Retaliation is also an eviction defense. Lease waivers are void. Source: G.L. c. 186, § 18 |
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Rent Increases & Late Fees in Massachusetts
| Rent control / increase limits | Banned statewide by state law, and the ban is still in force. 'No city or town may enact, maintain or enforce rent control of any kind,' except a narrow program in a municipality that accepts c. 40P. Owner compliance with that program must be voluntary after 6 months, it cannot cover owners of fewer than 10 units or units with a fair market rent above $400, and the town must pay owners the difference from general funds. There is no statewide cap on rent increases. Rent control is NOT on the November 3, 2026 state ballot. The Secretary of the Commonwealth lists nine binding statewide questions (Questions 1-8 are initiative laws and Question 9 is a referendum on the 2024 firearms law), and none of them deals with rent control or rent stabilization. The rent-control initiative (Initiative Petition 25-21, 'An Initiative Petition to Protect Tenants by Limiting Rent Increases') was challenged at the Supreme Judicial Court in Cella v. Attorney General, SJC-13893. Definition and exclusions (public, subsidized, and federally assisted housing, and mobile homes): https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40P/Section3. Ballot list (loaded 2026-10-22): https://www.sec.state.ma.us/divisions/elections/research-and-statistics/2026-ballot-questions.htm. Information for Voters page (it confirms nine statewide questions): https://www.sec.state.ma.us/divisions/elections/research-and-statistics/information-for-voters-2026.htm. SJC case listing (docket SJC-13893, which asks whether the AG properly certified Initiative Petition 25-21): https://www.mass.gov/info-details/amicus-announcements-from-september-2025-to-august-2026. Its holding, reported as barring the petition under art. 48 because the petition's exemption for religious facilities relates to religion, is therefore not independently verified here. |
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| Late fees | No interest or penalty for late rent may be charged until rent is 30 days overdue. There is no statutory dollar or percentage cap. The AG guide lists a lease clause 'requiring the tenant to pay a late fee if a rent payment is less than 30 days late' as an illegal term. AG fee regulations (unfair and deceptive fees) may also apply. No statutory amount cap was found. Source: G.L. c. 186, § 15B(1)(c) |
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Breaking a Lease in Massachusetts
| Ending a lease: domestic violence | A tenant or co-tenant may end the lease by written notice to the owner that a household member is a victim of domestic violence, rape, sexual assault or stalking. The notice must come within 3 months of the latest act, or while the household member reasonably fears imminent serious physical harm. The tenant must move out within 3 months of the notice or the notice is void. Liability: rent ends 30 days or one full rental period after the move-out date, whichever is later. Prepaid rent after that is refunded, and the deposit statement is due within 30 days. Proof the owner may request (any one): a protective order under c. 209A or 258E; a court or law enforcement record; or written verification from a qualified third party plus the victim's statement under penalty of perjury. The owner must keep the documents confidential. Other co-tenants stay bound by the lease. Source: G.L. c. 186, § 24 |
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Squatters & Abandoned Property in Massachusetts
| Squatters / unauthorized occupants | No special squatter or affidavit statute. The owner recovers possession through a summary process (eviction) case in court. G.L. c. 239, § 1 allows it against anyone who made a forcible entry, or who entered peaceably but holds possession unlawfully by force, among other grounds. Removal is carried out by an officer serving the execution. Removed property must be stored under c. 239, § 4. Criminal trespass (c. 266, § 120) and the ban on self-help (c. 184, § 18; c. 186, § 14) were not re-verified for this record. No 2024-2026 squatter statute was found in c. 239. Source: G.L. c. 239, §§ 1, 4 |
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| Belongings left behind | After an eviction, an officer who removes the occupant's belongings must store them right away with a licensed, bonded public warehouse within 20 miles, or with a facility the occupant chose in writing. The officer files a receipt describing the goods with the court and gives the occupant a copy. The landlord pays the moving cost, which it can recover from the tenant. Within 7 days the warehouse must issue a receipt explaining reclaim procedures and rates. Storage fees are capped at filed rates, with no add-on fees. The tenant may make one free visit to inspect or take personal or sentimental items. The warehouse may sell only after 6 months; the tenant can delay the sale 3 months by paying half the fees. For a domestic-violence early termination (c. 186, § 24), items left behind are treated as abandoned unless the tenant gives written instructions. No statute was found for property left after a voluntary move-out without a court execution. |
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Rental Fees in Massachusetts
| Application / screening fees | Banned in effect. Before or at the start of a tenancy, a landlord or the landlord's agent may not require any payment except: first month's rent, last month's rent, a security deposit of no more than one month's rent, and the cost of buying and installing a lock and key. Application and screening fees are not on the list. No portable-screening-report statute was found. Some sources suggest consumer reporting agency fees remain allowed; that was not verified. |
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| Other rental fees | Payments at move-in are limited to the four items in § 15B(1)(b). Since Aug. 1, 2025, that limit also covers payments to the landlord's agent, which ends renter-paid broker fees when the broker works for the landlord. After the tenancy starts, the landlord may not demand advance rent beyond the current month or a larger deposit. No late fee or interest may be charged until rent is 30 days overdue. Regulations may allow an optional 'fee in lieu of security deposit', capped at one month's rent in total. Attorney General regulations (940 CMR 3.17) and the AG's broker-fee advisory were not reviewed. There is no total-cost-of-rent disclosure statute in c. 186. Source: G.L. c. 186, § 15B(1)(b)-(d) |
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Section 8, Records & Right to Counsel in Massachusetts
| Section 8 / source of income | Yes. It is unlawful to discriminate against a recipient of public assistance or a tenant receiving housing subsidies, including rental assistance or rental supplements, because of that status or because of any requirement of the assistance or subsidy program. This covers Section 8 and MRVP. Source: G.L. c. 151B, § 4(10) |
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| Eviction record sealing | Yes, by petition on a trial-court form signed under penalty of perjury. No-fault evictions: the court must seal at any time after the case ends and appeals are exhausted. Cases dismissed or won by the tenant: may be sealed at any time, without notice to the other parties. Nonpayment cases: must be sealed if the case ended at least 4 years earlier, there have been no nonpayment or lessor actions against the petitioner in those 4 years, and the petitioner certifies the nonpayment was due to economic hardship. Fault cases: must be sealed after 7 years with no new fault or lessor actions. Consumer reporting agencies may not report sealed records and must remove them within 30 days. Rental applications that ask about evictions must state that an applicant with a sealed record may answer 'no record'. Added by the Affordable Homes Act (St. 2024, c. 150, § 52, approved August 6, 2024; https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter150), which made § 16 effective 270 days after the act took effect, i.e. on May 3, 2025 (§ 144). Sealing is by petition, not automatic. Source: G.L. c. 239, § 16 |
| Right to a lawyer in eviction | No statewide right to counsel in eviction cases found in G.L. c. 239. The trial court must report monthly how many landlords and tenants received legal representation through on-site court diversion programs. Only c. 239 was checked. Right-to-counsel bills have been filed in past sessions; their 2025-2026 status was not checked. Source: G.L. c. 239, § 15(c)(ix) |
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Mold, Pests, Heat & AC in Massachusetts
| Mold | Yes, under the State Sanitary Code. Owners must keep buildings and structural elements watertight and free from excess moisture or the appearance of mold. After leaks or flooding, the owner must dry all surfaces within 48 hours of being notified or of the end of the event, whichever is sooner. No room may be used for habitation if it is subject to excess moisture. Code violations are enforced by the local board of health, and any violation not otherwise listed is deemed a condition that may endanger health or safety. Occupants must use building elements with reasonable care. No statute requires mold disclosure to tenants. The revised Sanitary Code took effect May 12, 2023. Tenants can request a board-of-health inspection (105 CMR 410.600). |
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| Pests & bed bugs | Set by the State Sanitary Code. In buildings with 2 or more units (and rooming houses), the owner must keep the building free from infestation and is responsible for extermination, including bed bugs. In single-unit residences, the occupant is responsible unless the owner failed to maintain the structure to keep pests out. Owners must inspect each unit for pests before a new tenancy and keep documented results. Occupants must keep units sanitary and give access and follow preparation instructions for pesticide treatments. Commercial applicators must give 48 hours' written pre-notification. Failure to keep premises pest-free is a condition deemed to endanger health or safety. The pre-tenancy pest inspection requirement is new in the 2023 revision. Source: 105 CMR 410.550; 410.630(A)(17) |
| Heat | Yes. The owner must heat every habitable room and bathroom from September 15 through May 31: at least 68°F from 7:00 a.m. to 11:00 p.m. and at least 64°F from 11:01 p.m. to 6:59 a.m. Temperature is measured 5 feet above the floor, more than 5 feet from an exterior wall. A local board of health may shorten the season, ending it no earlier than May 15 or starting it no later than September 30. Failure to provide required heat is a condition deemed to endanger health or safety. The 2023 code ended the season May 31 (formerly June 15). Who pays for heating fuel is set by the lease and other Sanitary Code provisions. |
| Air conditioning | No statewide requirement to provide air conditioning. The Sanitary Code does set a ceiling: during the heating season, the heating system may not cause the temperature in any room to exceed 78°F. The 78°F limit applies to heat from the building's heating system, not to hot weather. Source: 105 CMR 410.180(B) |
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Privacy, Guests & Animals in Massachusetts
| Cameras & privacy | No landlord-specific statute. Massachusetts is an all-party-consent state: secretly recording a conversation without the prior authority of ALL parties is a crime. It is also a crime to secretly photograph, videotape or electronically surveil someone who is nude or partially nude where they would reasonably expect privacy, without their knowledge and consent. The penalty is up to 2½ years in a house of correction and/or a $5,000 fine. Visible cameras in common areas aren't specifically regulated, but audio recording in those cameras raises wiretap concerns. § 105: https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section105. Landlord entry is limited by c. 186, § 15B(1)(a). |
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| Guests & occupants | No statute on guests versus tenants or roommate rights — the lease governs. The State Sanitary Code sets occupancy limits: at least 150 square feet of habitable floor space for the first occupant and 100 square feet for each additional occupant. Each bedroom needs at least 70 square feet for one person, or 50 square feet per person if shared. Sanitary Code text verified on the LII mirror. Local codes may add rules. |
| Service & support animals (state law) | State fair housing law bans discrimination against tenants because of a disability or because they have a trained dog guide due to blindness or hearing impairment. Landlords must make reasonable accommodations in rules, policies and services when needed for a person with a disability to use and enjoy housing, which covers exceptions to no-pet rules for assistance animals. No state statute sets documentation rules, pet-fee limits, or penalties for misrepresenting an animal in housing. Federal Fair Housing Act rules (no pet deposits or fees for assistance animals; reliable documentation for non-obvious disabilities) also apply. Some state-law exemptions (e.g., certain owner-occupied two-family homes) may not exempt a landlord from federal law. |
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How eviction works in Massachusetts
Eviction cases are heard in: Housing Court (6 divisions: Central, Eastern, Metro South, Northeast, Southeast, Western, which together cover every city and town under G.L. c. 185C, § 1) or District Court / Boston Municipal Court; any party may transfer a pending eviction to the Housing Court before trial..
- Notice to quit: 14 days for nonpayment, which must be accompanied by the EOHLC rental-assistance form (G.L. c. 186, § 31); otherwise generally 30 days or one rental period for a tenancy at will, or as the lease provides.
- After the notice expires, the landlord buys a Summary Process Summons and Complaint and has a sheriff or constable serve it on the tenant 7 to 30 days before the chosen Monday entry day.
- The landlord files (enters) the case by close of business on the Monday entry day, with the served summons and complaint, the notice to quit, and the fee.
- The tenant files an Answer (defenses, counterclaims, discovery requests) by the first Monday after the entry day. The trial is listed for the second Thursday after entry (or another designated day). Housing Court cases usually start with mediation.
- Judgment by agreement, bench trial, or jury trial. Nonpayment cases are continued and stayed while a tenant with financial hardship has a pending emergency rental assistance (RAFT) application (G.L. c. 239, § 15).
- Execution issues after the 10-day appeal period. The court may grant a stay of up to 6 months (up to 1 year for elderly or disabled tenants) in qualifying cases. The landlord has 3 months to use the execution.
- A sheriff or constable gives at least 2 days' written notice (excluding weekends and holidays), then removes the tenant on a weekday between 9 a.m. and 5 p.m. Belongings go to a licensed storage facility.
Answer due the first Monday after the Monday entry day (Uniform Summary Process Rule 3). The trial is listed for the second Thursday after the entry day (Rule 2(c)). Rule provisions that conflict with Housing Court, District Court, or BMC standing orders are suspended (Trial Court Administrative Order 21-2), so the dates on the summons control.
Source: G.L. c. 239; Uniform Summary Process Rules 2-3; G.L. c. 239, § 15
What surprises people about Massachusetts rental law
- Since Aug. 1, 2025, a broker's fee may be paid only by the party (landlord or tenant) who originally hired the broker, and a broker may represent only one side. Landlord-hired broker fees can no longer be passed to tenants (G.L. c. 112, § 87DDD1/2 as amended; https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section87DDD%201~2; AG advisory press release: https://www.mass.gov/news/ags-office-releases-advisory-on-new-law-banning-forced-renter-paid-broker-fees).
- Landlords may collect only first month's rent, last month's rent, a security deposit (max one month), and the cost of a new lock and key at move-in. Application, pet, and broker fees are not allowed (G.L. c. 186, § 15B(1)(b); AG Guide).
- Massachusetts security-deposit rules are among the strictest in the U.S. Minor technical violations (no separate Massachusetts interest-bearing account, no sworn itemized list within 30 days) can forfeit the whole deposit and trigger 3x damages plus attorney's fees (G.L. c. 186, § 15B(6)-(7)).
- Late fees cannot be charged until rent is 30 days late (G.L. c. 186, § 15B(1)(c)).
- If a lease lets the landlord recover attorney's fees, the law implies a matching right for the tenant (G.L. c. 186, § 20; https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section20).
- A nonpayment notice to quit must come with a state rental-assistance form stating 'THIS NOTICE TO QUIT IS NOT AN EVICTION.' Courts cannot accept the case without proof the form was delivered (G.L. c. 186, § 31).
- Nonpayment evictions must be continued, and executions stayed, while a tenant's emergency rental assistance application is pending, if the nonpayment was due to financial hardship. The current statute text shows no sunset (G.L. c. 239, § 15; https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIII/Chapter239/Section15).
- Tenants can petition the court to seal eviction records. Once sealed, a tenant may answer 'no record' when asked about prior evictions on housing or credit applications (https://www.mass.gov/info-details/sealing-eviction-court-records). The AG describes this as a new eviction sealing law (https://www.mass.gov/news/ag-campbell-releases-updated-guide-to-landlord-and-tenant-rights).
- Victims of domestic violence, rape, sexual assault, or stalking may end a lease early with written notice. They are released from rent liability 30 days (or one rental period, whichever is later) after moving out (G.L. c. 186, § 24; https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section24).
- Lease clauses requiring professional cleaning at move-out, or making the tenant pay for ordinary wear and tear, are illegal according to the AG (AG Guide to Landlord and Tenant Rights).
Federal law that also applies in Massachusetts
These federal rules apply on top of Massachusetts law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Massachusetts
These cities add their own tenant protections on top of state law:
Eviction by county in Massachusetts
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Middlesex County (Cambridge / Lowell)
- Eviction in Suffolk County (Boston)
- Eviction in Worcester County (Worcester)
- Eviction in Essex County (Lynn / Lawrence)
- Eviction in Norfolk County (Quincy)
- Eviction in Bristol County (New Bedford / Fall River)
- Eviction in Hampden County (Springfield)
- Eviction in Plymouth County (Brockton, Plymouth)
For landlords
How to evict a tenant in Massachusetts — steps, cost, timeline and forms.
Common Massachusetts questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Massachusetts compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Massachusetts | Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. G.L. c. 186, § 15B(1)(b) | 30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. G.L. c. 186, § 15B(4) | 14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. G.L. c. 186, §§ 11, 12, 31 |
| Connecticut | 2 months' rent; 1 month's rent if the tenant is 62 or older. A tenant who turns 62 after paying more than one month's rent can ask for the excess back. Conn. Gen. Stat. § 47a-21(b) | 21 days after the tenancy ends, or 15 days after the landlord receives the tenant's written forwarding address, whichever is later. Conn. Gen. Stat. § 47a-21(d)(2) | Rent is not 'unpaid' for eviction purposes until a 9-day grace period passes (4 days for week-to-week). Landlord then serves a written Notice to Quit giving at least 3 days before the quit date. From Jan. 1, 2026, the grace period is extended 5 more days if the landlord's online payment system prevented on-time payment. Conn. Gen. Stat. §§ 47a-15a(a), 47a-23 |
| New Hampshire | One month's rent or $100, whichever is greater. RSA 540-A:6, I(a) | Within 30 days after the tenancy ends. RSA 540-A:7, I | 7-day written eviction notice (plus a demand for rent), stating the reason with specificity and telling the tenant of the right to avoid eviction by paying arrears. RSA 540:3, II-IV; RSA 540:2, II(a); RSA 540:5 |
| New York | One month's rent N.Y. Gen. Oblig. Law § 7-108(1-a)(a) | 14 days after the tenant vacates N.Y. Gen. Oblig. Law § 7-108(1-a)(e) | 14-day written rent demand before filing a nonpayment proceeding. Separately, if rent is not received within 5 days of the due date, the landlord must send the tenant a certified-mail notice that rent was not received; failure is an affirmative defense to a nonpayment case. N.Y. RPAPL § 711(2); N.Y. RPL § 235-e(d) |
| Rhode Island | One month's periodic rent. A separate furniture deposit (also capped at one month's rent) is allowed only for furnished units whose furniture has a replacement value of $5,000 or more. R.I. Gen. Laws § 34-18-19(a), (e) | 20 days after the latest of: termination of tenancy, delivery of possession, or the tenant providing a forwarding address. R.I. Gen. Laws § 34-18-19(b) | Once rent is 15 days in arrears, landlord may mail a written demand; tenant has 5 days from mailing to pay or the rental agreement terminates. Landlord may file no earlier than the 6th day after mailing. R.I. Gen. Laws § 34-18-35 |
| Vermont | No statutory cap. 9 V.S.A. 4461 | Within 14 days from the date the landlord learns the tenant vacated (or from the move-out date if the tenant gave notice of it); 60 days for seasonal rentals not intended as a primary residence. 9 V.S.A. 4461(c) | Written notice of termination at least 14 days after actual notice. The tenancy does not terminate if the tenant pays or tenders all rent due through the end of the rental period in which payment is made. 9 V.S.A. 4467(a) |
Massachusetts landlord-tenant FAQ
How much can a landlord charge for a security deposit in Massachusetts?
Security deposit may not exceed one month's rent. At or before the start of a tenancy a landlord (or the landlord's agent) may require only: first full month's rent, last full month's rent (at the same rate as the first), a security deposit of up to one month's rent, and the purchase and installation cost of a new lock and key. No other upfront charges (e.g., application, pet, or landlord-side broker fees) are allowed. (G.L. c. 186, § 15B(1)(b))
How long does a landlord have to return a security deposit in Massachusetts?
30 days after the tenancy ends (end of a tenancy at will or end of the lease term). The landlord must return the deposit, or whatever balance remains, with any accrued interest. (G.L. c. 186, § 15B(4))
Does a landlord have to pay interest on a security deposit in Massachusetts?
Yes. The deposit must be held in a separate, interest-bearing account at a bank located in Massachusetts, and it must be protected from the landlord's creditors. Within 30 days the tenant must receive a receipt naming the bank, the amount, and the account number. Interest is 5% per year, or the lower rate the bank actually paid, and it is paid to the tenant each year. Prepaid last month's rent also earns 5% per year, paid annually. (G.L. c. 186, § 15B(2)(a), (3)(a)-(b))
Does a landlord in Massachusetts have to give an itemized list of deposit deductions?
To keep any part of the deposit for damage, the landlord must give the tenant, within 30 days after the tenancy ends, an itemized list of the damage. The list must be signed under the pains and penalties of perjury, describe the damage and repairs in precise detail, and include written evidence such as estimates, bills, invoices, or receipts. (G.L. c. 186, § 15B(4)(iii))
What happens if a landlord in Massachusetts wrongfully keeps a security deposit?
Three times the deposit (or the balance owed), plus 5% interest from the date payment was due, court costs, and reasonable attorney's fees. This applies to the failures listed in § 15B(6)(a), (d) and (e), including failing to return the deposit (or balance) within 30 days. The landlord also forfeits the right to keep any part of the deposit if it, for example, misses the 30-day itemized-list deadline or does not hold the deposit in a separate Massachusetts interest-bearing account. (G.L. c. 186, § 15B(6)-(7))
How much notice does a landlord have to give before evicting for unpaid rent in Massachusetts?
14 days' written notice to quit. For tenants at will: a tenant who has not received a similar notice in the previous 12 months can cure by paying the full rent due within 10 days after receiving the notice, and the notice must state this right. For tenants with a lease: the tenant can cure by paying all rent due, plus interest and costs, on or before the day the answer is due in the eviction case. (G.L. c. 186, §§ 11, 12, 31)
How much notice is required to evict for a lease violation in Massachusetts?
No single statutory period. Tenancy at will: the landlord generally ends it with a written notice to quit of at least 30 days (or one rental period, if longer) that expires at the end of a rental period, stating the lease violation as the reason. Unexpired lease: the lease itself controls the grounds for termination and the notice required. (G.L. c. 186, § 12; Massachusetts Court System guidance)
How much notice is needed to end a month-to-month lease in Massachusetts?
Either landlord or tenant may end a tenancy at will with written notice. When rent is paid monthly (or more often than every three months), the notice must equal the interval between rent days or 30 days, whichever is longer, and in practice must expire at the end of a rental period. The default is 3 months' notice when rent is paid less often. The same notice period applies to both parties. (G.L. c. 186, § 12)
Can a landlord enter without notice in Massachusetts?
No set advance-notice period (for example, 24 hours) in the statute. A lease may allow the landlord to enter only to inspect, make repairs, or show the unit to prospective tenants, buyers, or mortgagees; under a court order; if the unit appears abandoned; or within the last 30 days of the tenancy, after either party has given notice to end it, to inspect for damage that could be deducted from the deposit. (G.L. c. 186, § 15B(1)(a))
Is there a limit on late fees in Massachusetts?
No interest or penalty for late rent may be charged until rent is 30 days overdue. There is no statutory dollar or percentage cap. (G.L. c. 186, § 15B(1)(c))
Can a tenant repair and deduct from rent in Massachusetts?
Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. (G.L. c. 111, § 127L)
Can a tenant withhold rent for repairs in Massachusetts?
Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. (G.L. c. 239, § 8A)
Can a landlord retaliate against a tenant for complaining in Massachusetts?
Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. (G.L. c. 186, § 18)
Is there rent control or a limit on rent increases in Massachusetts?
Banned statewide by state law, and the ban is still in force. 'No city or town may enact, maintain or enforce rent control of any kind,' except a narrow program in a municipality that accepts c. 40P. Owner compliance with that program must be voluntary after 6 months, it cannot cover owners of fewer than 10 units or units with a fair market rent above $400, and the town must pay owners the difference from general funds. There is no statewide cap on rent increases. Rent control is NOT on the November 3, 2026 state ballot. The Secretary of the Commonwealth lists nine binding statewide questions (Questions 1-8 are initiative laws and Question 9 is a referendum on the 2024 firearms law), and none of them deals with rent control or rent stabilization. The rent-control initiative (Initiative Petition 25-21, 'An Initiative Petition to Protect Tenants by Limiting Rent Increases') was challenged at the Supreme Judicial Court in Cella v. Attorney General, SJC-13893. (G.L. c. 40P, §§ 3-4; Secretary of the Commonwealth, 2026 State Election Ballot Questions; Cella v. Attorney General, SJC-13893)
Can a landlord change the locks or shut off utilities in Massachusetts?
Illegal. A landlord who willfully fails to provide required utilities or services (heat, hot water, water, light, power, gas, elevator); interferes with them; shifts utility costs to the tenant without consent; interferes with quiet enjoyment; or tries to regain possession by force without court process faces: a criminal fine of $25-$300 or up to 6 months' imprisonment; and civil liability for actual and consequential damages or 3 months' rent, whichever is greater, plus costs and attorney's fees. A tenant removed or excluded without a valid court order may get back into the unit or end the lease, and may recover 3 months' rent or 3x actual damages, plus costs and attorney's fees. (G.L. c. 186, §§ 14, 15F)
What is the small claims court limit in Massachusetts for a deposit dispute?
$7,000 (G.L. c. 218, § 21)
How do you remove a squatter in Massachusetts?
No special squatter or affidavit statute. The owner recovers possession through a summary process (eviction) case in court. G.L. c. 239, § 1 allows it against anyone who made a forcible entry, or who entered peaceably but holds possession unlawfully by force, among other grounds. Removal is carried out by an officer serving the execution. Removed property must be stored under c. 239, § 4. (G.L. c. 239, §§ 1, 4)
What can a landlord do with a tenant's abandoned property in Massachusetts?
After an eviction, an officer who removes the occupant's belongings must store them right away with a licensed, bonded public warehouse within 20 miles, or with a facility the occupant chose in writing. The officer files a receipt describing the goods with the court and gives the occupant a copy. The landlord pays the moving cost, which it can recover from the tenant. Within 7 days the warehouse must issue a receipt explaining reclaim procedures and rates. Storage fees are capped at filed rates, with no add-on fees. The tenant may make one free visit to inspect or take personal or sentimental items. The warehouse may sell only after 6 months; the tenant can delay the sale 3 months by paying half the fees. For a domestic-violence early termination (c. 186, § 24), items left behind are treated as abandoned unless the tenant gives written instructions. (G.L. c. 239, § 4; c. 186, § 24(d))
Is there a limit on rental application fees in Massachusetts?
Banned in effect. Before or at the start of a tenancy, a landlord or the landlord's agent may not require any payment except: first month's rent, last month's rent, a security deposit of no more than one month's rent, and the cost of buying and installing a lock and key. Application and screening fees are not on the list. (G.L. c. 186, § 15B(1)(b) (as amended by St. 2025, c. 9, §§ 54-55, eff. Aug. 1, 2025))
What rental fees are banned or limited in Massachusetts?
Payments at move-in are limited to the four items in § 15B(1)(b). Since Aug. 1, 2025, that limit also covers payments to the landlord's agent, which ends renter-paid broker fees when the broker works for the landlord. After the tenancy starts, the landlord may not demand advance rent beyond the current month or a larger deposit. No late fee or interest may be charged until rent is 30 days overdue. Regulations may allow an optional 'fee in lieu of security deposit', capped at one month's rent in total. (G.L. c. 186, § 15B(1)(b)-(d))
Can a domestic violence survivor break a lease in Massachusetts?
A tenant or co-tenant may end the lease by written notice to the owner that a household member is a victim of domestic violence, rape, sexual assault or stalking. The notice must come within 3 months of the latest act, or while the household member reasonably fears imminent serious physical harm. The tenant must move out within 3 months of the notice or the notice is void. Liability: rent ends 30 days or one full rental period after the move-out date, whichever is later. Prepaid rent after that is refunded, and the deposit statement is due within 30 days. Proof the owner may request (any one): a protective order under c. 209A or 258E; a court or law enforcement record; or written verification from a qualified third party plus the victim's statement under penalty of perjury. The owner must keep the documents confidential. Other co-tenants stay bound by the lease. (G.L. c. 186, § 24)
Can an eviction record be sealed or removed in Massachusetts?
Yes, by petition on a trial-court form signed under penalty of perjury. No-fault evictions: the court must seal at any time after the case ends and appeals are exhausted. Cases dismissed or won by the tenant: may be sealed at any time, without notice to the other parties. Nonpayment cases: must be sealed if the case ended at least 4 years earlier, there have been no nonpayment or lessor actions against the petitioner in those 4 years, and the petitioner certifies the nonpayment was due to economic hardship. Fault cases: must be sealed after 7 years with no new fault or lessor actions. Consumer reporting agencies may not report sealed records and must remove them within 30 days. Rental applications that ask about evictions must state that an applicant with a sealed record may answer 'no record'. (G.L. c. 239, § 16)
Can a landlord refuse Section 8 vouchers in Massachusetts?
Yes. It is unlawful to discriminate against a recipient of public assistance or a tenant receiving housing subsidies, including rental assistance or rental supplements, because of that status or because of any requirement of the assistance or subsidy program. This covers Section 8 and MRVP. (G.L. c. 151B, § 4(10))
Do tenants have a right to a free lawyer in eviction cases in Massachusetts?
No statewide right to counsel in eviction cases found in G.L. c. 239. The trial court must report monthly how many landlords and tenants received legal representation through on-site court diversion programs. (G.L. c. 239, § 15(c)(ix))
What does a Massachusetts notice to pay rent or quit have to include?
A 14-day written notice to quit. Tenancy at will: the notice must contain this text word for word: "If you have not received a notice to quit for nonpayment of rent within the last twelve months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice." If it is missing, the tenant's time to cure extends to the date the answer is due; the notice is not otherwise invalid. Written lease: a 14-day notice ends the lease unless the tenant pays all rent due, with interest and costs, by the answer date. Delays in government payments trigger a continuance of at least 7 days. (G.L. c. 186, §§ 11, 12)
What does a Massachusetts notice to end a month-to-month tenancy have to include?
Tenancy at will: written notice of three months. If rent is paid at intervals shorter than three months, the notice period equals the rent interval or 30 days, whichever is longer. The notice may include an offer of a new tenancy on different terms without becoming invalid. (G.L. c. 186, § 12)
What must a Massachusetts security deposit itemization include?
Within 30 days after the tenancy ends, the landlord must return the deposit or the balance. Deductions are allowed only for unpaid rent or water charges, unpaid tax-escalation increases, and reasonable repair of tenant-caused damage beyond reasonable wear and tear. For damage, the landlord must give an itemized list of damages sworn under pains and penalties of perjury, describing in precise detail the damage and the needed repairs, with written evidence of the cost such as estimates, bills, invoices or receipts. Damage listed on the move-in statement of condition may not be deducted unless it was repaired and then caused again. No other deductions are allowed. (G.L. c. 186, § 15B(4))
How long does a landlord have to sue for unpaid rent in Massachusetts?
6 years for contract actions, express or implied, including suits for unpaid rent or damages under written or oral leases. 20 years for contracts under seal. (M.G.L. c. 260, § 2; c. 260, § 1 (First))
Can a landlord accept rent during an eviction in Massachusetts?
No statute addresses whether accepting rent after a notice to quit waives it; that is left to case law (landlords commonly accept money 'for use and occupancy only'). By statute, a tenant under a written lease who gets a 14-day nonpayment notice can stop the termination by paying all rent due plus interest and costs by the day the answer is due in the eviction case. A tenant at will who hasn't had a nonpayment notice in the prior 12 months can cure by paying in full within 10 days of receiving the notice. The notice must explain this right, or the cure deadline extends to the answer date. (M.G.L. c. 186, § 11; c. 186, § 12; c. 239 section titles checked)
Can you be evicted in the winter in Massachusetts?
No state statute bans winter evictions. A gas or electric company may not shut off service used for heat, between November 15 and March 15, to a residential customer who can't pay an overdue bill because of financial hardship. (M.G.L. c. 164, § 124F)
Can a landlord give notice by text or email in Massachusetts?
Notices to quit must be in writing. No statute sets a delivery method (personal delivery, mail and constable service are common in practice), and none addresses email or text. Notice periods run from when the tenant actually receives the notice. (M.G.L. c. 186, §§ 11, 12, 13)
How much notice is required for a rent increase in Massachusetts?
No statute sets a specific rent-increase notice period. For a tenancy at will, rent can be changed only by ending the tenancy with written notice: the longer of one rental period or 30 days (3 months if rent is paid less often). That notice may include an offer of a new tenancy at the new rent. A fixed-term lease controls until it ends. Local rent control is barred statewide except under a narrow c. 40P program. (M.G.L. c. 186, § 12)
Does a landlord have to give a copy of the lease in Massachusetts?
Yes. A landlord who has the tenant sign a lease must deliver a copy signed by the landlord within 30 days. Violations carry a fine of up to $300, and waivers are void. (M.G.L. c. 186, § 15D)
What are tenants' rights in a foreclosure in Massachusetts?
Strong state protections. A foreclosing owner (lender or its affiliate) may not evict a tenant except for just cause, or once there is a binding purchase-and-sale agreement with a bona fide third-party buyer. Within 30 days of foreclosure, the owner must post notice in the building, mail it to each unit, and slide it under each unit's door, giving the owner and manager contact information and where to send rent, plus a written notice of the right to a court hearing. Evictions for nonpayment, uncured violations, or refusing a lease renewal can't start until 30 days after that notice. A tenancy at will is not ended by sale, transfer or foreclosure. (M.G.L. c. 186A, §§ 2, 3, 4; c. 186, § 13)
Does a landlord have to fix mold in Massachusetts?
Yes, under the State Sanitary Code. Owners must keep buildings and structural elements watertight and free from excess moisture or the appearance of mold. After leaks or flooding, the owner must dry all surfaces within 48 hours of being notified or of the end of the event, whichever is sooner. No room may be used for habitation if it is subject to excess moisture. Code violations are enforced by the local board of health, and any violation not otherwise listed is deemed a condition that may endanger health or safety. Occupants must use building elements with reasonable care. No statute requires mold disclosure to tenants. (105 CMR 410.500(A)(1), (B); 410.510; 410.420(A); 410.630(A)(18); 410.020 ('Chronic Dampness'))
Who pays for pest control and bed bugs in Massachusetts?
Set by the State Sanitary Code. In buildings with 2 or more units (and rooming houses), the owner must keep the building free from infestation and is responsible for extermination, including bed bugs. In single-unit residences, the occupant is responsible unless the owner failed to maintain the structure to keep pests out. Owners must inspect each unit for pests before a new tenancy and keep documented results. Occupants must keep units sanitary and give access and follow preparation instructions for pesticide treatments. Commercial applicators must give 48 hours' written pre-notification. Failure to keep premises pest-free is a condition deemed to endanger health or safety. (105 CMR 410.550; 410.630(A)(17))
Does a landlord have to provide heat in Massachusetts?
Yes. The owner must heat every habitable room and bathroom from September 15 through May 31: at least 68°F from 7:00 a.m. to 11:00 p.m. and at least 64°F from 11:01 p.m. to 6:59 a.m. Temperature is measured 5 feet above the floor, more than 5 feet from an exterior wall. A local board of health may shorten the season, ending it no earlier than May 15 or starting it no later than September 30. Failure to provide required heat is a condition deemed to endanger health or safety. (105 CMR 410.180(A), (C), (D); 410.630)
Does a landlord have to provide air conditioning in Massachusetts?
No statewide requirement to provide air conditioning. The Sanitary Code does set a ceiling: during the heating season, the heating system may not cause the temperature in any room to exceed 78°F. (105 CMR 410.180(B))
What can a landlord deduct from a deposit for cleaning or damage in Massachusetts?
A landlord may deduct from the deposit only unpaid rent or water charges, a share of a real estate tax increase owed under a tax-escalation clause, and the reasonable cost of repairing damage caused by the tenant or people under the tenant's control or on the premises with consent. 'Reasonable wear and tear' is excluded. Damage deductions require an itemized list, sworn under penalties of perjury, detailing the damage and repairs, with written evidence of costs such as estimates, bills or receipts. The statute does not define reasonable wear and tear or list cleaning or painting as allowed deductions. (M.G.L. c. 186, § 15B(4)(i)-(iii))
Can a landlord put cameras in or around a rental in Massachusetts?
No landlord-specific statute. Massachusetts is an all-party-consent state: secretly recording a conversation without the prior authority of ALL parties is a crime. It is also a crime to secretly photograph, videotape or electronically surveil someone who is nude or partially nude where they would reasonably expect privacy, without their knowledge and consent. The penalty is up to 2½ years in a house of correction and/or a $5,000 fine. Visible cameras in common areas aren't specifically regulated, but audio recording in those cameras raises wiretap concerns. (M.G.L. c. 272, § 99 (definition of 'interception'); c. 272, § 105(b))
Can a landlord limit guests or roommates in Massachusetts?
No statute on guests versus tenants or roommate rights — the lease governs. The State Sanitary Code sets occupancy limits: at least 150 square feet of habitable floor space for the first occupant and 100 square feet for each additional occupant. Each bedroom needs at least 70 square feet for one person, or 50 square feet per person if shared. (105 CMR 410.420(D); M.G.L. c. 186 and c. 239 (checked))
Can a landlord deny a service or emotional support animal in Massachusetts?
State fair housing law bans discrimination against tenants because of a disability or because they have a trained dog guide due to blindness or hearing impairment. Landlords must make reasonable accommodations in rules, policies and services when needed for a person with a disability to use and enjoy housing, which covers exceptions to no-pet rules for assistance animals. No state statute sets documentation rules, pet-fee limits, or penalties for misrepresenting an animal in housing. (M.G.L. c. 151B, § 4(6), (7), (7A))
Official resources for Massachusetts
- Attorney General's Guide to Landlord and Tenant Rights (web)
- AG press release: updated 2025 Landlord-Tenant Guide
- AG advisory: broker fee law (Aug. 1, 2025)
- EOHLC Tenants' guide to eviction
- Housing Court (Massachusetts Trial Court)
- Court self-help: start the eviction process (landlords)
- Sealing eviction court records
- Uniform Summary Process Rule 2
- Uniform Summary Process Rule 3 (Answer)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.