Massachusetts Landlord-Tenant Law Guide

Security deposits

Maximum amount

1 month’s rent maximum (M.G.L. c.186 §15B(1)(b)). At or before move-in, a landlord may collect only first month’s rent, last month’s rent, a security deposit, and the cost of buying and installing a new lock and key. No other upfront charge is allowed. The deposit must be held in a separate, interest-bearing account at a bank in Massachusetts, and the tenant must get a receipt naming the bank, account number and amount within 30 days (§15B(3)(a)). A 2024 amendment lets the state housing office authorize an optional fee in lieu of a deposit by regulation, with fees and any deposit together capped at 1 month’s rent.

Return deadline

30 days after the tenancy ends, together with any interest owed (c.186 §15B(4), §15B(6)(e)). Deposits held 1 year or longer earn interest at 5% a year, or the lower rate the bank pays, payable at the end of each year of the tenancy (§15B(3)(b)). Last month’s rent paid in advance also earns interest at the same rate (§15B(2)(a)).

Itemized deduction requirements

Deductions are limited to unpaid rent or water charges, unpaid tax escalation amounts, and reasonable repair costs for damage beyond reasonable wear and tear. Damage deductions require an itemized list sworn under the pains and penalties of perjury, with written evidence such as estimates, bills, invoices or receipts, delivered within 30 days (§15B(4)). A statement of condition is due when the deposit is received or within 10 days after the tenancy starts, whichever is later, and the tenant has 15 days to return it with comments (§15B(2)(c)). Not holding the deposit in a proper account, not transferring it on a sale, or not returning it on time entitles the tenant to 3 times the deposit plus 5% interest, court costs and attorney’s fees (§15B(6), (7)).

Notice requirements

Entry notice

No statute sets a notice period. A lease may allow entry only to inspect, make repairs, or show the unit to prospective tenants, buyers or lenders (or their agents), under a court order, if the unit appears abandoned, or to inspect for damage in the last 30 days of the tenancy or after either side has given notice to end it (c.186 §15B(1)(a)). Reasonable advance notice is the common practice.

Lease termination notice

Tenancy at will: written notice equal to the interval between rent days or 30 days, whichever is longer (c.186 §12). A fixed-term lease ends on the date it states unless the lease requires notice or renewal terms.

Rent increase notice

For a tenancy at will, a rent increase needs the same written notice as a termination: the rental period or 30 days, whichever is longer (c.186 §12). During a fixed-term lease, rent cannot rise unless the lease allows it, such as a valid tax escalation clause (c.186 §15C). An increase within 6 months after a tenant reports code violations or takes other protected action is presumed retaliatory (c.186 §18).

Rent rules

Rent control

No rent control. The Massachusetts Rent Control Prohibition Act (M.G.L. c.40P), approved by voters in 1994, bars cities and towns from regulating rents. A 2026 initiative petition to repeal the ban and cap annual increases was removed from the November 2026 ballot by the Supreme Judicial Court in June 2026.

Late fee regulations

No interest or late fee may be charged until rent is 30 days overdue (c.186 §15B(1)(c); 940 CMR 3.17(6)). A lease penalty clause that does not follow this rule is an unfair practice under the Attorney General’s regulations.

Payment methods

No statute requires a particular payment method; the lease governs. The landlord must give a written receipt for last month’s rent and for the security deposit when they are paid (c.186 §15B(2)).

Eviction process

Notice to quit / cure period

14-day written notice to quit for nonpayment (c.186 §11, §12). A tenant at will who has not received a nonpayment notice in the past 12 months can stop the termination by paying in full within 10 days of receiving it, and the notice must state this right. A tenant with a lease can cure by paying rent, interest and costs by the answer date. Every nonpayment notice must include the state’s accompanying form on rental assistance (c.186 §31). Other terminations of a tenancy at will need 30 days or one rental period, whichever is longer.

Court filing

Summary process case in the Housing Court (statewide since 2017), District Court or Boston Municipal Court. The court will not accept a nonpayment case without proof the accompanying form was delivered (c.186 §31). Under the Uniform Summary Process Rules, the answer is due the first Monday after the entry date, subject to court standing orders. In nonpayment cases, the court must continue the case if the tenant shows financial hardship and a pending emergency rental assistance application, and cannot enter judgment until it is decided (c.239 §15). Appeals are due within 10 days of judgment (c.239 §5), and 48 hours’ written notice is required before removal (c.239 §3).

Estimated timeline

Roughly 6 weeks to 3 months for an uncontested nonpayment case, counting the 14-day notice, court scheduling and the 10-day appeal period. Mediation, counterclaims, rental assistance continuances and appeals can extend it to several months.

Maintenance & habitability

Implied warranty of habitability

Yes. Massachusetts recognizes an implied warranty of habitability (Boston Housing Authority v. Hemingway, 1973). Units must meet the State Sanitary Code (105 CMR 410.000, revised effective May 12, 2023). Heat is required from September 15 through May 31: at least 68°F from 7:00 a.m. to 11:00 p.m. and 64°F overnight, and no more than 78°F (105 CMR 410.180).

Repair response requirements

After an inspection, the local board of health orders conditions that may endanger health or safety corrected within 24 hours and other violations within 30 days (105 CMR 410.640). Landlords must also fix code violations within a reasonable time after notice from the tenant (940 CMR 3.17).

Tenant remedies

Repair and deduct: if the landlord does not begin repairs on a certified code violation within 5 days of written notice, or substantially complete them within 14 days, the tenant may repair and deduct up to 4 months’ rent in any 12-month period (c.111 §127L). Tenants may withhold rent for conditions the landlord knew about before the tenant fell behind and raise them as a defense and counterclaim in an eviction (c.239 §8A). Retaliation is presumed within 6 months of a complaint and carries damages of 1 to 3 months’ rent or actual damages (c.186 §18).

Lease requirements

Required disclosures

• Lead-based paint disclosure, plus the Massachusetts Tenant Lead Law Notification and Tenant Certification forms and any lead inspection or compliance records, before signing (pre-1978 housing, c.111 §197A)
• Lead law: a unit where a child under 6 lives must be deleaded or under interim control (c.111 §197)
• Written receipts for last month’s rent and the security deposit when paid, and a bank receipt within 30 days (c.186 §15B)
• Statement of condition when the deposit is received or within 10 days after move-in, whichever is later (c.186 §15B(2)(c))
• Names, addresses and phone numbers of the owner, the person responsible for repairs, and the person authorized to receive notices and legal service (940 CMR 3.17(3)(b))
• Fire insurance company, coverage amount and loss payees, in writing within 15 days of a tenant’s written request (c.186 §21)
• Working smoke and carbon monoxide alarms, as required by state fire law (M.G.L. c.148) and the State Sanitary Code
• Signed copy of the lease within 30 days of the tenant signing (c.186 §15D)

Lease term requirements

No statutory limit on lease length. A tenancy created without a signed writing is a tenancy at will only (c.183 §3). Without a lease, the tenancy is at will and ends on proper notice under c.186 §12.

Required clauses

No standard lease form is required, but the Attorney General’s regulations bar lease terms that violate the law, penalty clauses that do not follow c.186 §15B, and nonconforming tax escalation clauses (940 CMR 3.17(3)(a)). Lease clauses waiving deposit, repair or retaliation protections are void. Tenants cannot be charged a fee for a broker the landlord hired (c.112 §87DDD½, effective August 1, 2025). Rental applications that ask about prior evictions must state that an applicant with a sealed eviction record may answer no record (c.239 §16).

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