Landlord Guide to Renting in Massachusetts

Massachusetts permits both written and oral leases for terms of one year or less. Leases for more than one year must be in writing under the Statute of Frauds (M.G.L. c. 259, § 1). Written leases must clearly state the rent amount, due date, lease term, and the identities of both parties. Certain lease clauses — such as waivers of the implied warranty of habitability or a tenant's right to a jury trial — are void under Massachusetts law (M.G.L. c. 186, § 15).

• Oral leases are valid for terms of one year or less; longer terms must be in writing (M.G.L. c. 259, § 1)
• Lease clauses that waive tenant rights under state law are void and unenforceable (M.G.L. c. 186, § 15)
• Month-to-month tenancies arise when no fixed term is specified or after a lease expires without renewal
• Landlords must provide tenants with a copy of the signed lease and the State Sanitary Code tenant rights summary

Massachusetts has some of the strictest security deposit rules in the country under M.G.L. c. 186, § 15B. The maximum security deposit is one month's rent. The deposit must be held in a separate, interest-bearing escrow account at a Massachusetts bank. Landlords must provide a receipt and a statement of the account's condition annually.

• Maximum deposit: one month's rent (M.G.L. c. 186, § 15B)
• Last month's rent, lock change fees, and key deposits may be collected separately but are also capped at one month's rent each
• Deposit must be held in a separate interest-bearing account in a Massachusetts bank
• Landlord must provide a written receipt within 30 days and an annual statement of the account and interest accrued

Massachusetts landlords must provide several disclosures at or before the start of a tenancy. Failure to disclose required information may limit the landlord's ability to collect certain fees or pursue eviction.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d; M.G.L. c. 111, § 197A)
• Statement of the condition of the premises at move-in (M.G.L. c. 186, § 15B(1))
• Name and address of the owner or authorized agent, and the person responsible for maintenance (M.G.L. c. 186, § 21)
• Insurance disclosure: whether the landlord carries insurance that covers the tenant's personal property, and if not, suggest the tenant obtain renter's insurance

Rent is due on the date specified in the lease. Massachusetts law provides a 30-day grace period before a landlord can commence eviction for nonpayment (M.G.L. c. 186, § 11). Late fees must be reasonable and cannot be charged until the rent is 30 days overdue. Landlords may not require tenants to pay rent in cash only.

• Rent is due on the date stated in the lease agreement
• Late fees cannot be imposed until rent is 30 days overdue (M.G.L. c. 186, § 15B(1)(c))
• Landlords must accept personal checks unless the tenant has previously bounced a check
• Receipts for rent payments must be provided upon request

Massachusetts imposes a strong implied warranty of habitability through the State Sanitary Code (105 CMR 410.000) and M.G.L. c. 186, § 14. Landlords must maintain the premises in a condition fit for human habitation, including working plumbing, heating, electrical, and structural soundness. Tenants may exercise rent withholding or repair-and-deduct remedies for serious violations.

• Maintain the premises in compliance with the State Sanitary Code (105 CMR 410.000)
• Provide adequate heating (at least 68°F from September 16 to June 14) (105 CMR 410.201)
• Supply hot water at a minimum of 110°F and not exceeding 130°F
• Keep common areas in a clean, safe, and sanitary condition

Massachusetts does not have a specific statute mandating a set notice period for landlord entry. However, landlords must provide reasonable notice — generally interpreted as at least 24 hours — and may only enter at reasonable times for lawful purposes. Emergency entry is permitted without notice.

• Reasonable notice (typically 24 hours) is required before non-emergency entry
• Entry must be at reasonable times and for legitimate purposes such as repairs, inspections, or showing the unit
• Emergency entry (e.g., fire, burst pipe) does not require advance notice
• Repeated or harassing entry may constitute a violation of the covenant of quiet enjoyment (M.G.L. c. 186, § 14)

Massachusetts does not have statewide rent control (it was repealed by ballot initiative in 1994). Some municipalities are pursuing local rent stabilization measures. For month-to-month tenancies, the landlord must provide at least 30 days' written notice, or one full rental period, whichever is longer, before a rent increase takes effect.

• No statewide rent control; local measures may apply in certain municipalities
• At least 30 days' or one rental period's written notice for rent increases on at-will tenancies
• Rent cannot be increased during a fixed-term lease unless the lease expressly permits it
• Retaliatory rent increases are prohibited (M.G.L. c. 186, § 18)

Notice requirements in Massachusetts depend on the tenancy type. Tenancies at will (month-to-month) require written notice equal to at least one rental period or 30 days, whichever is longer (M.G.L. c. 186, § 12). Fixed-term leases end at the expiration of the stated term without additional notice.

• Tenancy at will: 30 days' or one rental period's written notice by either party (M.G.L. c. 186, § 12)
• Fixed-term lease: terminates at the end of the lease term without additional notice
• Nonpayment of rent: 14-day notice to quit (M.G.L. c. 186, § 11)
• Lease violation or other cause: 30-day notice to quit

Evictions in Massachusetts must follow the summary process procedure governed by M.G.L. c. 239. The landlord must first serve a proper notice to quit, then file a summary process summons and complaint in the appropriate court. The tenant has the right to answer and raise defenses, and a trial is scheduled.

• Serve a 14-day notice to quit for nonpayment or a 30-day notice for other causes
• File a summary process summons and complaint in Housing Court or District Court (M.G.L. c. 239, § 1)
• Tenant may raise defenses including retaliation, discrimination, or habitability violations
• If the court rules for the landlord, an execution (eviction order) issues after 10 days; only a constable or sheriff may carry it out

Under M.G.L. c. 186, § 15B, landlords must return the security deposit within 30 days after the termination of the tenancy. An itemized list of damages with supporting documentation must be provided if any amount is withheld. The landlord must also return any accrued interest.

• Return deadline: 30 days after the tenancy terminates (M.G.L. c. 186, § 15B(4))
• Permissible deductions: unpaid rent, real damage to the unit beyond normal wear and tear, tax and water charges owed
• An itemized statement of damages with cost estimates must accompany any withheld amount
• Failure to return the deposit or provide an itemized statement may result in treble damages plus attorney fees (M.G.L. c. 186, § 15B(7))