To avoid legal trouble and maintain good relationships between landlord and tenants, a basic understanding of landlord-tenant rights in Massachusetts is key. Massachusetts Landlord-Tenant laws govern much of what happens in the landlord-tenant relationship, including security deposits, entry to the rental space, safe housing rules, repairs, rent increases and eviction notices.
Here is a quick breakdown of the key laws that affect nearly all Massachusetts landlords and tenants.
Security Deposits
When potential renters are searching for a new apartment, they will typically hear what is needed to begin the rental process, such as first and last month’s rent and a security deposit. MA State Law requires that security deposits be held in a separate, interest-bearing account. Landlords must provide the tenant with a receipt and an annual statement of the interest earned. Landlords or property management companies must provide a “statement of condition” within 10 days of the beginning of the tenancy or upon receipt of the security deposit (whichever is later), describing the condition of the apartment and any damage that exists at that time.
On the tenant’s end, regarding the security deposit, the unit is expected to be in good condition at the end of the lease, with only normal wear and tear to be addressed. When the tenancy ends, the landlord must return the security deposit, plus interest, within 30 days. However, the landlord may keep any unpaid rent or the cost of repairing damage to the apartment beyond normal wear and tear.
Entry to the Unit
Landlords are required to give tenants reasonable notice, typically 24 to 48 hours, and arrange a suitable time before entering a unit for non-emergency purposes such as inspections or repairs. However, this notice is not required for emergencies.
Tenants must allow landlords to enter the unit for purposes such as showing the unit to potential tenants or real estate agents, conducting maintenance checks, or making requested repairs.
Safe Housing Rules
Landlords are obligated to maintain a safe and sanitary property that complies with the state Sanitary Code. In Massachusetts, landlords are required to offer rentals that are safe and fit for human habitation. Landlords, when required by law or contract, must provide essential services such as heat and hot water, or face penalties. (Mass. Gen. Laws ch. 186, § 14 (2024).)
Repairs
After receiving a written repair notice from a tenant, it is essential that the landlord address the issue in a reasonable timeframe. Repairs should begin within 5 days and be substantially complete within 14 days from the date of the written request.
If a landlord fails to make them after receiving written notice, tenants may have the right to withhold rent until the repairs are completed. Mass. Gen. Law ch. 111, § 127L also allows a tenant to deduct a total of up to 4 months’ rent in any 12-month period, or period of occupancy, whichever is shorter, from rent due to the owner.
Rent Increases
Landlords can raise rent, but they must provide adequate notice and comply with the lease terms. According to Mass. Gen. Laws ch. 186, § 12 (2024), Massachusetts landlords must give at least 30 days’ written notice to raise the rent for month-to-month tenancies.
Evictions
A landlord cannot physically evict a tenant without due process. They must file a court case called a “summary process” to get a court order to evict. Massachusetts Eviction Rules are available online and offer resources to help those facing eviction.
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