Tenant Rights and Responsibilities in Massachusetts
Renting a property in Massachusetts comes with specific legal protections and obligations governed by the state's tenant-landlord laws. Massachusetts provides tenants with robust rights regarding security deposits, habitable living conditions, and protection against discrimination, while also establishing clear responsibilities for rent payment and property maintenance.
Massachusetts has some of the strongest tenant protection laws in the country, including strict rules on security deposit handling and detailed requirements for landlord entry. Understanding these laws before signing a lease can help prevent disputes and ensure your rights are protected throughout your tenancy.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Laws
Massachusetts Security Deposit Law
Landlords in Massachusetts can only collect up to one month's rent as a security deposit. They must provide a receipt, pay interest annually, and keep the deposit in a separate account. The deposit must be returned within 30 days after the tenancy ends, with an itemized list of any deductions.
Massachusetts State Sanitary Code
Landlords must provide habitable living conditions that comply with the State Sanitary Code, including proper heating, hot water, and functioning utilities. Tenants have the right to request inspections if conditions are substandard, and landlords must make necessary repairs within a reasonable timeframe.
Massachusetts Lead Paint Law
If a child under 6 years old will be living in a rental unit built before 1978, the landlord must remove or cover any lead paint hazards. This includes loose lead paint and lead paint on windows, doors, and other surfaces accessible to children.
Massachusetts Fair Housing Law
Landlords cannot refuse to rent to tenants based on race, color, national origin, religion, sex, familial status, disability, gender identity, sexual orientation, genetic information, ancestry, marital status, veteran status, or source of income (including housing subsidies).
Massachusetts Rental Payment Grace Period
Landlords must provide a 30-day notice before increasing rent for tenants with a tenancy-at-will (month-to-month). For tenants with leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases.
Massachusetts Right to Quiet Enjoyment
Tenants have the right to quiet enjoyment of their rental property. Landlords cannot enter the premises without reasonable notice (typically 24 hours) except in emergencies, and cannot interfere with tenants' use of the property through harassment or utility shutoffs.
Massachusetts Eviction Laws
Landlords must follow specific legal procedures to evict tenants, including providing proper written notice (14 days for nonpayment of rent, 30 days for other reasons with tenancy-at-will). Self-help evictions (changing locks, removing belongings, etc.) are illegal.
Regional Variances
Boston Metropolitan Area
Boston has additional tenant protections including the Boston Fair Housing Commission which investigates discrimination complaints. Boston also requires landlords to register rental units annually and undergo inspections every 5 years under the Rental Registration and Inspection Ordinance. The city has specific lead paint disclosure requirements for buildings constructed before 1978.
Cambridge has a Rent Control Board that, while unable to control rent increases since the statewide ban on rent control, still provides mediation services between landlords and tenants. Cambridge also has stricter condominium conversion ordinances that provide additional protections to tenants when landlords convert rental units to condominiums.
Somerville has a comprehensive Condominium Conversion Ordinance that provides tenants with extended notice periods (up to 5 years for elderly, disabled, or low-income tenants) when landlords convert rental units to condominiums. The city also has a Office of Housing Stability that provides resources specifically for tenants.
Western Massachusetts
Springfield has a Code Enforcement Department that is particularly active in addressing housing code violations. The city also offers specific rental assistance programs through the Springfield Housing Authority that may not be available in other jurisdictions.
Amherst, being a college town, has specific ordinances related to student housing and occupancy limits. The town has a bylaw limiting the number of unrelated persons who can live together in certain residential zones, which affects rental arrangements.
Cape Cod and Islands
Cape Cod communities have unique seasonal rental regulations that differ from the rest of Massachusetts. Many properties operate under short-term rental agreements during tourist season, which may affect year-round rental availability and pricing. The Cape also has specific water conservation requirements that may be included in lease agreements.
Nantucket has extremely high housing costs and limited inventory, resulting in unique rental practices. The island has specific historic district regulations that may affect what modifications tenants can make to rental properties. Nantucket also has a Housing Assistance Corporation that provides specialized tenant resources.
Martha's Vineyard towns have implemented various affordable housing programs and rental assistance initiatives to address the island's housing crisis. The island's seasonal economy creates a dual rental market with different rules and expectations for year-round versus seasonal rentals.
Frequently Asked Questions
In Massachusetts, tenants have several important rights, including: the right to a habitable living space, protection against discrimination, privacy rights (landlords must provide reasonable notice before entering), the right to withhold rent under certain conditions (such as serious code violations), protection against retaliation, and the right to proper eviction procedures. The state's Consumer Protection Act (Chapter 93A) and the State Sanitary Code provide additional protections for tenants.
Massachusetts law limits security deposits to no more than one month's rent. The landlord must provide a receipt, disclose where the deposit is being held (in a separate, interest-bearing account in a Massachusetts bank), and provide a statement of condition documenting the apartment's condition. The landlord must pay interest on the deposit annually if you live in the unit for at least one year, and must return the deposit within 30 days after you move out, less any legitimate deductions.
Massachusetts landlords must maintain rental properties in habitable condition according to the State Sanitary Code. This includes providing working heat, hot water, electricity, and plumbing; keeping common areas clean and safe; maintaining structural elements; eliminating insect and rodent infestations; providing proper trash receptacles; and ensuring the unit meets all health and safety codes. If your landlord fails to make necessary repairs after proper notice, you may have remedies including rent withholding, repair and deduct, or filing a complaint with local health authorities.
In Massachusetts, landlords must provide "reasonable notice" before entering a tenant's apartment, which is generally interpreted as at least 24 hours' notice. Landlords can only enter for specific legitimate purposes such as making repairs, showing the unit to prospective tenants or buyers, or inspecting the unit. They cannot enter without notice except in genuine emergencies. If your landlord repeatedly violates your right to privacy, you may have grounds for legal action.
In Massachusetts, landlords must follow specific legal procedures to evict a tenant. First, they must provide proper written notice (the notice period varies depending on the reason for eviction). If the tenant doesn't comply with the notice, the landlord must file a Summary Process (eviction) case in court. The tenant has the right to file an answer and counterclaims. Both parties attend a court hearing where a judge decides the case. Even if the landlord wins, only a sheriff or constable with a court-issued execution can physically remove a tenant. Self-help evictions (changing locks, removing belongings, etc.) are illegal.
For tenants with a lease, the rent cannot be increased until the lease term ends, unless the lease specifically allows for increases. For tenants at will (month-to-month), the landlord can increase rent with proper notice, which is typically 30 days or one rental period, whichever is longer. However, rent increases cannot be discriminatory or retaliatory. Some Massachusetts municipalities may have additional rent control or stabilization ordinances that further restrict rent increases.
If you discover code violations in your Massachusetts rental, first notify your landlord in writing and keep a copy. If the landlord doesn't address the issues within a reasonable time, you can contact your local Board of Health or Inspectional Services Department to request an inspection. If violations are found, you may have several legal options, including withholding rent (following specific legal procedures), using 'repair and deduct' (making repairs yourself and deducting the cost from rent), or breaking your lease without penalty if the conditions are severe enough to make the unit uninhabitable.
Yes, Massachusetts law requires landlords to pay interest on security deposits held for one year or more. The landlord must either pay the interest to you annually, or provide a statement at the end of each year showing the interest accrued and allowing you to deduct that amount from your next rent payment. The interest rate is either 5% or the actual interest paid by the bank where the deposit is held, whichever is less. If your landlord fails to pay the required interest, you may be entitled to three times the amount of interest owed plus reasonable attorney's fees.
Massachusetts law requires landlords to provide heating systems capable of maintaining a minimum temperature of 68°F during the day (7:00 AM to 11:00 PM) and 64°F at night (11:00 PM to 7:00 AM) from September 15 to June 15. The heating system must be in good working order and meet all applicable safety codes. If your landlord fails to provide adequate heat, you should notify them in writing. If the issue persists, you can contact your local Board of Health, withhold rent (following specific legal procedures), or in emergency situations, seek alternative housing and potentially hold the landlord responsible for the costs.
If you need to break your lease early in Massachusetts, review your lease for any early termination clauses. Without such provisions, you generally remain responsible for rent until the lease ends or until the landlord re-rents the unit. However, Massachusetts landlords have a legal duty to mitigate damages by making reasonable efforts to find a new tenant. You may be able to break your lease without penalty in certain situations, such as if you're starting active military duty, if the unit violates health or safety codes, if you're a victim of domestic violence, or if your landlord seriously violates your privacy or other rights. Consider negotiating with your landlord and getting any agreement in writing.