Can I Sue My Landlord in Massachusetts?
Yes — in many situations. These are the main claims Massachusetts tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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). Source: G.L. c. 186, § 15B(4) |
Free Massachusetts security deposit demand letter
You were locked out or your utilities were cut off
| 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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Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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 |
| 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). |
| 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. |
Free Massachusetts repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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). |
You were refused or treated differently because of Section 8 or other income
| Statewide ban on refusing 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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Other claims tenants bring in Massachusetts
| Covenant of quiet enjoyment | Yes, by statute. A landlord who directly or indirectly interferes with a residential occupant's quiet enjoyment, willfully fails to provide required water, hot water, heat, light, power, gas, elevator, telephone, janitor or refrigeration service, shifts utility bills to the tenant without knowledge or consent, or tries to regain possession by force without court process, commits a crime (fine of $25 to $300 or up to six months in jail) and is liable for the greater of actual and consequential damages or three months' rent, plus costs and a reasonable attorney's fee. The tenant may use this amount to offset rent claimed by the landlord. Lease waivers of this protection are generally void. Courts may also issue orders stopping violations. Retaliation protections apply to tenants who report or sue over these violations. Source: G.L. c. 186, § 14 |
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| Injuries on the property | After a tenant sends written notice of an unsafe condition by registered or certified mail, the landlord must use reasonable care to correct it within a reasonable time (no notice is needed for areas not under the tenant's control). A tenant or anyone lawfully on the premises who is injured because the condition was not corrected may sue the landlord in tort. A board of health or code enforcement violation notice to the landlord also satisfies the notice requirement. This does not apply to owner-occupied two- or three-family homes, and lease waivers are void. Separately, any lease clause making the tenant indemnify the landlord or excusing the landlord from liability for injury or damage caused by the landlord's negligence or misconduct on the premises or in common areas is void. The condition must not have been caused by the tenant or the tenant's guests or household. Source: G.L. c. 186, §§ 15, 19 |
Where and when to sue
| Small claims limit | $7,000 in debt or damages for contract or tort claims (not slander or libel). There is no limit for property damage caused by a motor vehicle. Cities and towns may claim up to $15,000 (no limit for unpaid personal property taxes). Double or treble damages may be awarded where another law provides for them. Source: G.L. c. 218, § 21 |
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| Small claims filing fee | By statute: $30 for claims of $500 or less, $40 for over $500 up to $2,000, $90 for over $2,000 up to $5,000, and $140 for over $5,000, plus the surcharge under G.L. c. 262, § 4C. Fees and costs may be reduced or eliminated under court rules. The statute page shows an older fee schedule alongside this one; confirm the current amount with the clerk-magistrate's office. Source: G.L. c. 218, § 22 |
| Deadline to sue on a written lease | 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. § 1 (20 years, sealed contracts): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section1. Whether a lease counts as 'under seal' depends on how it was signed. |
How small claims court works in Massachusetts →
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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.