Renting Out Your Property in Massachusetts: A Landlord's Guide
Massachusetts has specific landlord-tenant laws that property owners must follow when renting out residential properties. These regulations cover everything from security deposit handling and lead paint disclosure to eviction procedures and anti-discrimination requirements that are often more tenant-protective than other states.
Massachusetts landlord-tenant law contains strict requirements for security deposit handling, with potential triple damages for violations. Property owners should be particularly careful to follow proper procedures for deposit collection, documentation, and interest payments to avoid costly penalties.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Massachusetts Security Deposit Law
Landlords in Massachusetts can collect a security deposit up to one month's rent, which must be held in a separate interest-bearing account. The landlord must provide the tenant with a receipt including the bank name, account number, and current interest rate within 30 days. The security deposit must be returned within 30 days after the tenancy ends, with an itemized list of any deductions.
Massachusetts Lead Paint Disclosure
Property owners must disclose known information about lead paint hazards before renting properties built before 1978. If a child under six will live in the rental unit, the landlord must remove or cover any lead paint hazards, a process called lead abatement. Failure to comply with lead paint laws can result in significant liability.
Massachusetts Fair Housing Law
Massachusetts law prohibits discrimination in housing 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). Landlords cannot refuse to rent to tenants based on these protected characteristics.
Massachusetts Statement of Condition
Landlords must provide tenants with a statement of condition documenting the state of the rental unit at the beginning of tenancy. Tenants have 15 days to review, add comments, and return a signed copy. This protects both parties by establishing the condition of the property before occupancy.
Massachusetts Rental Payment Grace Period
Massachusetts law provides a grace period for late rent payments. Landlords cannot charge a late fee until rent is 30 days late, and the rental agreement must specifically state when rent is considered late and what the late fee will be. This protects tenants from immediate penalties for slightly delayed payments.
Massachusetts Right to Entry Laws
Landlords must provide reasonable notice (typically 24 hours) before entering a rental property, except in emergencies. Entry is permitted for repairs, inspections, showing the unit to prospective tenants, or in accordance with a court order. This balances the landlord's right to maintain their property with the tenant's right to privacy.
Massachusetts Sanitary Code
Landlords must maintain rental properties in compliance with the State Sanitary Code, which establishes minimum standards for habitability including heat, hot water, electricity, structural integrity, and freedom from pests. Failure to maintain these standards can result in tenants withholding rent or reporting violations to local health departments.
Regional Variances
Greater Boston Area
Boston has some of the strictest rental regulations in Massachusetts, including the Boston Fair Housing Commission which investigates discrimination complaints. Boston requires rental registration and inspections through the Rental Registration and Inspection Ordinance (RRIO). Short-term rentals (like Airbnb) are heavily regulated with specific registration requirements and limitations on the types of properties that can be rented short-term.
Cambridge has rent control-like protections for certain properties through the Affordable Housing Overlay. The city has strict condominium conversion ordinances that protect tenants. Cambridge also has specific regulations for short-term rentals requiring owner occupancy and primary residence status for the property being rented.
Somerville has a Condominium Review Board that regulates condo conversions to protect tenants. The city requires rental property owners to obtain a Certificate of Compliance through regular inspections. Somerville also has specific ordinances regarding security deposits and tenant rights that may be more protective than state law.
Western Massachusetts
Springfield requires rental property registration and has a Code Enforcement Department that conducts regular inspections. The city has specific lead paint disclosure requirements that may be more stringent than state regulations. Springfield also has local ordinances addressing problem properties and nuisance issues.
Amherst has special rental permit requirements due to the large student population from nearby universities. The town requires annual rental permits and inspections. There are also specific occupancy limitations and noise ordinances that affect landlords in predominantly student neighborhoods.
Cape Cod and Islands
Barnstable (including Hyannis) has specific regulations for seasonal and vacation rentals, including registration requirements. The town imposes a local room occupancy excise tax on short-term rentals in addition to the state tax. There are also specific zoning restrictions in certain areas regarding rental properties.
Nantucket has strict zoning and historic district regulations that may affect rental properties. The island imposes additional local taxes on short-term rentals. Due to its isolated location, Nantucket also has specific waste disposal and utilities requirements that landlords must address.
Towns on Martha's Vineyard (such as Edgartown, Oak Bluffs, and Tisbury) have their own regulations regarding seasonal rentals, including registration requirements and occupancy taxes. These towns may have specific restrictions on rental frequency and duration during peak tourist seasons.
Suggested Compliance Checklist
Understand Massachusetts Landlord-Tenant Laws
0 days after startingBefore renting your property, familiarize yourself with Massachusetts landlord-tenant laws, including the Massachusetts General Laws Chapter 186 (landlord-tenant law) and Chapter 239 (summary process for possession). These laws outline your rights and responsibilities as a landlord in Massachusetts.
Prepare a Residential Lease Agreement
7 days after startingDraft a comprehensive lease agreement that complies with Massachusetts law. The lease should include terms regarding rent amount, due date, lease duration, security deposit, maintenance responsibilities, and other important provisions. Massachusetts has specific requirements about what can and cannot be included in a lease.
Create a Rental Application Form
7 days after startingDevelop an application form to screen potential tenants. This form should request information about employment, income, rental history, and references. Be aware that Massachusetts fair housing laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, age, marital status, military/veteran status, and source of income.
Prepare Lead-Based Paint Disclosure Form
14 days after startingFor properties built before 1978, Massachusetts law requires landlords to provide tenants with a Lead-Based Paint Disclosure Form and the federal EPA lead hazard information pamphlet. Additionally, Massachusetts has stricter requirements under the Lead Law (M.G.L. c. 111, §§ 189A-199B) that may require lead abatement if children under 6 will live in the unit.
Create a Move-In/Move-Out Inspection Checklist
14 days after startingDevelop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This helps prevent disputes about security deposit deductions. In Massachusetts, it's particularly important to document pre-existing conditions thoroughly.
Establish Landlord's Rules and Regulations
14 days after startingCreate a document outlining house rules that tenants must follow. This may include policies on noise, guests, smoking, pets, trash disposal, and other matters. Ensure these rules don't contradict Massachusetts law or the terms of your lease agreement.
Prepare a Notice of Entry Form
14 days after startingCreate a form to notify tenants when you need to enter the property. Massachusetts law requires landlords to provide reasonable notice (typically 24 hours) before entering a tenant's unit except in emergencies.
Understand Security Deposit Requirements
21 days after startingMassachusetts has strict rules regarding security deposits. You can only charge up to one month's rent as a security deposit. The deposit must be held in a separate, interest-bearing account in a Massachusetts bank, and you must provide the tenant with a receipt containing specific information within 30 days of receiving the deposit.
Create a Security Deposit Receipt
21 days after startingPrepare a receipt that includes the amount of the deposit, the name of the bank where it's held, the account number, and a statement that the tenant is entitled to interest. Massachusetts law requires specific language in this receipt.
Register the Rental Property
28 days after startingCheck with your local municipality about rental registration requirements. Many Massachusetts cities and towns require landlords to register their rental properties and obtain a certificate of occupancy or rental permit.
Obtain Proper Insurance
28 days after startingSecure appropriate landlord insurance for your rental property. This typically includes property insurance, liability coverage, and possibly loss of rental income coverage. Consider requiring tenants to obtain renter's insurance as well.
Schedule Required Inspections
35 days after startingArrange for any required inspections, such as building code compliance, fire safety, and sanitary code inspections. Massachusetts State Sanitary Code (105 CMR 410) establishes minimum standards for rental housing.
Understand Heating Requirements
35 days after startingFamiliarize yourself with Massachusetts heating requirements. From September 15 to June 15, landlords must maintain heat at a minimum of 68°F during the day (7am-11pm) and 64°F at night. If the tenant pays for heat, the lease must explicitly state this.
Learn About Rent Control Regulations
42 days after startingResearch whether your property is subject to any local rent control or rent stabilization ordinances. While statewide rent control was abolished in Massachusetts in 1994, some municipalities have recently implemented forms of rent stabilization or tenant protections.
Set Up a System for Maintenance Requests
42 days after startingEstablish a clear procedure for tenants to submit maintenance requests and for you to respond promptly. Massachusetts law requires landlords to maintain rental properties in habitable condition.
Understand Eviction Procedures
49 days after startingFamiliarize yourself with Massachusetts eviction procedures, which require specific notices and court filings. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Massachusetts and can result in significant penalties.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Understand Massachusetts Landlord-Tenant Laws | Before renting your property, familiarize yourself with Massachusetts landlord-tenant laws, including the Massachusetts General Laws Chapter 186 (landlord-tenant law) and Chapter 239 (summary process for possession). These laws outline your rights and responsibilities as a landlord in Massachusetts. | - | 0 |
| Prepare a Residential Lease Agreement | Draft a comprehensive lease agreement that complies with Massachusetts law. The lease should include terms regarding rent amount, due date, lease duration, security deposit, maintenance responsibilities, and other important provisions. Massachusetts has specific requirements about what can and cannot be included in a lease. | Residential Lease Agreement | 7 |
| Create a Rental Application Form | Develop an application form to screen potential tenants. This form should request information about employment, income, rental history, and references. Be aware that Massachusetts fair housing laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, age, marital status, military/veteran status, and source of income. | Rental Application Form | 7 |
| Prepare Lead-Based Paint Disclosure Form | For properties built before 1978, Massachusetts law requires landlords to provide tenants with a Lead-Based Paint Disclosure Form and the federal EPA lead hazard information pamphlet. Additionally, Massachusetts has stricter requirements under the Lead Law (M.G.L. c. 111, §§ 189A-199B) that may require lead abatement if children under 6 will live in the unit. | Lead-Based Paint Disclosure Form | 14 |
| Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist to document the condition of the property before the tenant moves in and after they move out. This helps prevent disputes about security deposit deductions. In Massachusetts, it's particularly important to document pre-existing conditions thoroughly. | Move-In/Move-Out Inspection Checklist | 14 |
| Establish Landlord's Rules and Regulations | Create a document outlining house rules that tenants must follow. This may include policies on noise, guests, smoking, pets, trash disposal, and other matters. Ensure these rules don't contradict Massachusetts law or the terms of your lease agreement. | Landlord's Rules and Regulations | 14 |
| Prepare a Notice of Entry Form | Create a form to notify tenants when you need to enter the property. Massachusetts law requires landlords to provide reasonable notice (typically 24 hours) before entering a tenant's unit except in emergencies. | Notice of Entry Form | 14 |
| Understand Security Deposit Requirements | Massachusetts has strict rules regarding security deposits. You can only charge up to one month's rent as a security deposit. The deposit must be held in a separate, interest-bearing account in a Massachusetts bank, and you must provide the tenant with a receipt containing specific information within 30 days of receiving the deposit. | - | 21 |
| Create a Security Deposit Receipt | Prepare a receipt that includes the amount of the deposit, the name of the bank where it's held, the account number, and a statement that the tenant is entitled to interest. Massachusetts law requires specific language in this receipt. | Security Deposit Receipt | 21 |
| Register the Rental Property | Check with your local municipality about rental registration requirements. Many Massachusetts cities and towns require landlords to register their rental properties and obtain a certificate of occupancy or rental permit. | - | 28 |
| Obtain Proper Insurance | Secure appropriate landlord insurance for your rental property. This typically includes property insurance, liability coverage, and possibly loss of rental income coverage. Consider requiring tenants to obtain renter's insurance as well. | - | 28 |
| Schedule Required Inspections | Arrange for any required inspections, such as building code compliance, fire safety, and sanitary code inspections. Massachusetts State Sanitary Code (105 CMR 410) establishes minimum standards for rental housing. | - | 35 |
| Understand Heating Requirements | Familiarize yourself with Massachusetts heating requirements. From September 15 to June 15, landlords must maintain heat at a minimum of 68°F during the day (7am-11pm) and 64°F at night. If the tenant pays for heat, the lease must explicitly state this. | - | 35 |
| Learn About Rent Control Regulations | Research whether your property is subject to any local rent control or rent stabilization ordinances. While statewide rent control was abolished in Massachusetts in 1994, some municipalities have recently implemented forms of rent stabilization or tenant protections. | - | 42 |
| Set Up a System for Maintenance Requests | Establish a clear procedure for tenants to submit maintenance requests and for you to respond promptly. Massachusetts law requires landlords to maintain rental properties in habitable condition. | - | 42 |
| Understand Eviction Procedures | Familiarize yourself with Massachusetts eviction procedures, which require specific notices and court filings. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Massachusetts and can result in significant penalties. | - | 49 |
Frequently Asked Questions
In Massachusetts, a valid lease agreement must include: the names of all parties (landlord and tenants), property address, lease term (start and end dates), rent amount and payment terms, security deposit amount (if applicable), and signatures of all parties. While oral leases for less than one year can be legally binding, written leases are strongly recommended to protect both parties' interests and clearly document all terms.
Massachusetts law limits security deposits to no more than one month's rent. You must provide a receipt for the security deposit, place it in a separate interest-bearing account in a Massachusetts bank, and inform the tenant in writing of the bank location and account number within 30 days. You must pay interest on the deposit annually if the tenant stays at least one year, and return the deposit with interest (minus legitimate deductions) within 30 days after the tenancy ends.
In Massachusetts, landlords must provide: 1) Lead paint disclosure for properties built before 1978, 2) Statement of condition documenting the property's condition at move-in, 3) Information about the security deposit account, 4) Contact information for the property owner or manager, 5) Copy of the state sanitary code upon request, and 6) Information about any utilities that the tenant is responsible for paying.
Massachusetts landlords must provide reasonable notice (typically 24 hours) before entering a tenant's unit, except in emergencies. Entry is generally permitted for repairs, inspections, showing the unit to prospective tenants or buyers, or in accordance with court orders. Landlords cannot enter unreasonably often or harass tenants with frequent entries. The specific notice requirements may be outlined in your lease agreement.
Massachusetts has strict eviction procedures. You must first serve a proper notice to quit (14-day notice for nonpayment of rent, 30-day notice for lease violations). If the tenant doesn't comply, you must file a summary process (eviction) case in court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. The court process typically takes 6-8 weeks, and you must obtain a court judgment and execution before a sheriff can physically remove a tenant.
Massachusetts landlords must maintain properties in compliance with the State Sanitary Code, which includes providing: adequate heat (minimum temperatures of 68°F during the day and 64°F at night from September 15 to June 15), hot water, electricity, working plumbing, weathertight windows and doors, proper trash disposal, and pest-free conditions. You must promptly address repair requests that affect habitability, and you cannot legally shift these responsibilities to tenants.
No. Massachusetts law explicitly prohibits discrimination against families with children under 18. This is considered familial status discrimination under both state and federal fair housing laws. The only exception is for certain qualifying senior housing developments. Additionally, Massachusetts prohibits discrimination based on race, color, national origin, religion, sex, disability, source of income (including housing subsidies), gender identity, sexual orientation, age, marital status, veteran/military status, and genetic information.
Massachusetts does not currently have statewide rent control. A 1994 ballot initiative prohibited rent control across the state. However, some municipalities have adopted tenant protection measures that may limit rent increases in certain circumstances or require just cause for evictions. Always check local ordinances in your specific city or town, as regulations can vary by location and may change over time.
Massachusetts does not have a specific state law limiting application fees, but landlords must ensure fees are reasonable and actually used for screening purposes (credit checks, background checks, etc.). Some municipalities may have local restrictions on application fees. Best practices include: charging only actual screening costs, providing receipts, being transparent about fee amounts upfront, and returning any unused portion. Excessive fees could potentially be challenged under consumer protection laws.