Massachusetts landlord-tenant law FAQ
36 answers to common Massachusetts landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Massachusetts?
A security deposit of no more than the first month's rent. A landlord may also collect first and last month's rent and the cost of a new lock and key.
Verified Source: M.G.L. c. 186, § 15B(1) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Massachusetts?
Within 30 days after the tenancy ends: return the deposit or balance. Any deduction for damage needs a sworn, itemized list plus estimates, bills, or receipts within the same 30 days, or the right to keep any of it is lost.
Verified Source: M.G.L. c. 186, § 15B(4) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Massachusetts?
A residential lease may let the landlord enter only to inspect, make repairs or show the unit; the landlord may also enter under a court order, if the unit appears abandoned, or in the last 30 days of the tenancy to inspect for damage. Statute text: "No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease" (Mass. G.L. c. 186, § 15B(1)(a)).
Verified Source: Mass. G.L. c. 186, § 15B(1)(a) · last checked 2026-10-16 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Massachusetts?
Lease: rent stays the same for the lease term. Tenancy-at-will (rent paid monthly): rent can change with notice of 30 days or one month before the next rent payment, whichever is longer.
Verified Source: Massachusetts Attorney General, Guide to Landlord and Tenant Rights · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in Massachusetts, and how much?
No interest or penalty for late rent until 30 days after the rent was due.
Verified Source: M.G.L. c. 186 § 15B(1)(c) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Massachusetts?
14 days' written notice to quit for nonpayment.
Verified Source: M.G.L. c. 186 § 11 · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Massachusetts pass rent control?
No city or town may enact, maintain, or enforce rent control of any kind, except under a narrow opt-in that requires voluntary owner participation, excludes owners of fewer than 10 units, and requires the city to compensate owners.
Verified Source: M.G.L. c. 40P, § 4 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Massachusetts?
A tenancy at will can be ended by either party with written notice. When rent is paid monthly, the notice must equal the interval between rent days or 30 days, whichever is longer, so at least one full rental period. Otherwise, three months' notice is required.
Verified Source: M.G.L. c. 186, § 12 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Massachusetts?
Deposits must be held in a separate, interest-bearing Massachusetts bank account, with a receipt (bank, amount and account number) within 30 days. A landlord who holds a deposit for a year or more owes 5% a year, or the lesser rate the bank actually paid, payable each year. Last month's rent also earns interest.
Verified Source: M.G.L. c. 186, § 15B(3)(a)–(b), (2)(b) · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Massachusetts?
A landlord who takes a security deposit must provide a separate written statement of the unit's present condition, listing existing damage, on receipt of the deposit or within 10 days after the tenancy starts, whichever is later. It must carry the statutory bold-type notice.
Verified Source: M.G.L. c. 186, § 15B(2)(c) · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Massachusetts?
Landlords may not retaliate against tenants for enforcing housing laws, reporting violations, or organizing or joining a tenants' union. A notice to quit, rent increase or other adverse action within 6 months after such activity is presumed retaliatory, and the landlord can rebut that only by clear and convincing evidence.
Verified Source: M.G.L. c. 186, § 18 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Massachusetts?
Removing or excluding a tenant without a court order lets the tenant recover possession or end the lease, plus three months' rent or treble damages and attorney's fees. Willfully failing to provide required utilities or services,, is a crime and makes the landlord liable for actual and consequential damages or three months' rent, whichever is greater.
Verified Source: M.G.L. c. 186, §§ 15F, 14 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Massachusetts?
If a board of health, code agency or court certifies sanitary-code violations that endanger the tenant, and the owner was notified in writing but fails to begin repairs within 5 days or substantially complete them within 14 days, the tenant may make the repairs. The tenant may deduct the cost from rent, up to 4 months' rent in any 12 months, or may treat the lease as ended and vacate. In a nonpayment or no-fault eviction, the tenant may raise code violations the landlord knew about as a defense or counterclaim (rent withholding).
Verified Source: M.G.L. c. 111 § 127L; c. 239 § 8A · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Massachusetts?
Disclosures include a deposit receipt and a condition statement, a last-month's-rent receipt with notice of interest rights, and bank details for deposits within 30 days. A copy of the signed lease must be delivered within 30 days.
Verified Source: M.G.L. c. 186, §§ 15B(2)(b)–(c), (3)(a), 15D · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Massachusetts?
When an officer carrying out an eviction removes the tenant's belongings, they must be stored with a licensed public warehouse for the owner, or with a storage facility the tenant chooses in writing. Code text: "he shall forthwith cause it to be stored for the benefit of the owners thereof."
Verified Source: M.G.L. c. 239, Section 4 · last checked 2026-10-16 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Massachusetts?
A tenant may end a tenancy with written notice if a household member is a victim of domestic violence, rape, sexual assault or stalking (within the past 3 months) or reasonably fears imminent serious harm. The tenant must move out within 3 months of the notice, and rent liability ends 30 days or one rental period after moving out.
Verified Source: M.G.L. c. 186, § 24 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Massachusetts?
No lease may impose interest or a penalty for late rent until 30 days after the rent was due.
Verified Source: M.G.L. c. 186, § 15B(1)(c) · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Massachusetts?
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 a new lock and key, so other upfront fees such as application fees are not allowed.
Verified Source: M.G.L. c. 186, § 15B(1)(b) · last checked 2026-10-15 · Full application fees & screening page
Can a landlord refuse Section 8 or other source of income in Massachusetts?
Landlords may not discriminate against public-assistance recipients or tenants with housing subsidies or rental assistance.
Verified Source: M.G.L. c. 151B, § 4(10) · last checked 2026-10-15 · Full source of income discrimination page
Can a tenant withhold rent for repairs in Massachusetts?
In an eviction for nonpayment or a no-fault termination, the tenant may raise claims over the condition of the unit (breach of warranty, lease or law) as a defense or counterclaim, including the difference between the rent and the unit's fair value. For condition claims, the landlord must have known of the problem before the tenant fell behind.
Verified Source: M.G.L. c. 239, § 8A · last checked 2026-10-15 · Full rent withholding / escrow page
What happens if a tenant stays after the lease ends in Massachusetts?
A tenant at sufferance (someone who stays on after the tenancy ends) must pay rent for as long as they occupy or keep the property.
Verified Source: M.G.L. c. 186, § 3 · last checked 2026-10-15 · Full holdover tenants page
Can a tenant fix something and deduct it from rent in Massachusetts?
If a board of health, code agency or court certifies serious sanitary code violations and the owner, after written notice, doesn't start repairs within 5 days and substantially finish within 14 days, the tenant may make the repairs. The tenant may then deduct the cost from rent, up to four months' rent in any 12-month period.
Verified Source: M.G.L. c. 111, § 127L · last checked 2026-10-15 · Full repair and deduct page
Can a tenant sublet an apartment in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no rule on landlord consent to sublet. The lease controls.
Verified Source: M.G.L. chs. 186, 239 (searched in full) · last checked 2026-10-15 · Full subletting & assignment page
What happens to the lease when a tenant dies in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no provision ending a lease when a tenant dies. The only related rule lets estates sue or be sued for rent arrears (c. 186, § 6).
Verified Source: M.G.L. c. 186, § 6; chs. 186, 239 (searched in full) · last checked 2026-10-15 · Full death of a tenant page
Does a landlord have to provide smoke and carbon monoxide detectors in Massachusetts?
One- and two-family dwellings must have approved smoke detectors, installed by the owner, on each level of habitation and in the basement. Larger buildings fall under M.G.L. c. 148 §§ 26A–26B, which this site has not reviewed.
Verified Source: M.G.L. c. 148, § 26E(a) · last checked 2026-10-15 · Full smoke & co detectors page
What is the pet deposits/fees & service/esa animals rule in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.
Verified Source: M.G.L. chs. 186 and 239 (searched in full) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: M.G.L. chs. 186 and 239 (searched in full) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the deposit bank holding / separate account rule in Massachusetts?
The landlord must keep the deposit in a separate, interest-bearing account at a Massachusetts bank and give the tenant a receipt naming the bank and account within 30 days. If the landlord does not, the tenant is entitled to the deposit back right away. Code text: "Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth."
Verified Source: M.G.L. c. 186, § 15B(3)(a) · last checked 2026-10-16 · Full deposit bank holding / separate account page
What is the right to cure / redeem rule in Massachusetts?
Yes, for nonpayment under a written lease. A 14-day notice to quit ends the lease unless the tenant pays all rent due, with interest and costs, by the day the answer is due in the eviction case. Code text: "unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit."
Verified Source: M.G.L. c. 186, § 11 (Section 11) · last checked 2026-10-16 · Full right to cure / redeem page
What is the manufactured / mobile home parks rule in Massachusetts?
A manufactured housing community may end a tenancy only for listed reasons, such as nonpayment or a substantial rule violation. It must give at least 30 days' written notice by certified or registered mail that gives the resident a chance to pay or cure. Code text: "may be terminated by the licensee entitled to the manufactured home site or his agent only for one or more of the following reasons."
Verified Source: M.G.L. c. 140, Section 32J · last checked 2026-10-16 · Full manufactured / mobile home parks page
What rights does a tenant have after foreclosure in Massachusetts?
After a foreclosure, the new foreclosing owner cannot evict a tenant except for just cause, or unless there is a binding purchase and sale agreement with a bona fide third-party buyer. Code text: "a foreclosing owner shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party."
Verified Source: M.G.L. c. 186A, Section 2 · last checked 2026-10-16 · Full foreclosure tenant protections page
What is the domestic violence early termination rule in Massachusetts?
A tenant may end a tenancy with written notice if a household member is a victim of domestic violence, rape, sexual assault or stalking within the past 3 months, or reasonably fears imminent serious harm from it. Code text: "A tenant or co-tenant may terminate a rental agreement or tenancy and quit the premises upon written notification to the owner that a member of the household is a victim of domestic violence, rape, sexual assault or stalking."
Verified Source: M.G.L. c. 186, Section 24(a) · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in Massachusetts?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the tenant buyout disclosures rule in Massachusetts?
The state landlord-tenant statute (Mass. G.L. c. 186, read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: Mass. G.L. c. 186 · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in Massachusetts?
The state landlord-tenant statute (Mass. G.L. c. 186, read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: Mass. G.L. c. 186 · last checked 2026-10-16 · Full guest & occupancy limits page
What is the rental / transient occupancy tax rule in Massachusetts?
Massachusetts imposes a 5% state room occupancy excise on hotels, B&Bs and short-term rentals (with a small exemption for short-term rentals offered 14 days or less a year); local excises may add to it. Statute text: "An excise shall be imposed upon the transfer of occupancy of a room or unit in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel by an operator at the rate of 5 per cent of the total amount of rent for each such occupancy" (Mass. G.L. c. 64G, § 3).
Verified Source: Mass. G.L. c. 64G, § 3 · last checked 2026-10-16 · Full rental / transient occupancy tax page
Massachusetts cities with their own rules
- Amesbury landlord rules
- Amherst landlord rules
- Boston landlord rules
- Brockton landlord rules
- Brookline landlord rules
- Cambridge landlord rules
- Cheshire landlord rules
- Eastham landlord rules
- Fairhaven landlord rules
- Fall River landlord rules
- Framingham landlord rules
- Lawrence landlord rules
All Massachusetts landlord-tenant law
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