Massachusetts Landlord-Tenant Law: 2024 Overview of Rights

Massachusetts landlord-tenant law is the legal framework by which rentals in Massachusetts are governed. When paired with federal and local laws, landlord-tenant laws create the framework that protects landlord and tenant rights.

In this guide, we’ll review:

• Landlord and tenant rights and responsibilities
• The rules regarding security deposits
• The importance of lease agreements and required disclosures
• The eviction process in Massachusetts

But that’s just the start. Read on to learn everything you’ve ever wanted to know about Massachusetts landlord-tenant law, 2024 edition.

Key Findings: Landlord-Tenant Rights & Responsibilities

An important job for the Massachusetts state legislature is to create and pass laws that protect the rights of landlords and tenants and clearly outline each party’s responsibility when renting property.

Some examples of the rights and responsibilities of landlords and tenants are:

Massachusetts landlords have the right to:

• Collect rent: Landlords have the right to collect rent as outlined in the lease agreement, which will specify the amount, due date, and acceptable payment methods.
• Enter the rental unit: Landlords can enter the rental unit for appropriate reasons and by providing proper notice as defined by state law.
• Evict tenants: A landlord can legally evict tenants who don’t pay their rent or commit a lease violation.
• Retain a security deposit: Landlords can collect a real money deposit to protect against unpaid rent or damage to the unit committed by a tenant beyond normal wear-and-tear.
• Screen tenants: Landlords in Massachusetts are allowed to conduct background checks to find qualified tenants.

Massachusetts landlords are responsible for:

• Maintaining a habitable property: Landlords must ensure that the rental unit meets the minimum sanitary and safety standards.
• Returning security deposits: Massachusetts law has strict guidelines for handling security deposits and returning them to the tenant at the end of the rental term.
• Respecting tenant privacy: A tenant’s right to a property’s “quiet enjoyment” is an important aspect of Massachusetts tenant rights and must be followed.
• Making reasonable efforts to make repairs: Landlords must make necessary repairs in a reasonable timeframe.
• Following the lease agreement: As a legally binding contract, landlords must abide by the agreed-upon lease agreement terms.

Massachusetts tenants have the right to:

• A habitable home: The bare minimum requirement for rental property is that it’s safe and habitable for tenants.
• Privacy: Landlords must provide advance notice before entering the rental unit except in cases of emergency.
• Repairs: Necessary repairs must be made in a reasonable amount of time after tenants notify landlords of the need for repairs.
• Fair eviction hearings: Tenants have the right to defend themselves in eviction cases.
• Protection against retaliation: Landlords cannot retaliate against tenants by changing lease terms or attempting evictions for illegal reasons.

Massachusetts tenants are responsible for:

• Paying rent on time: Tenants must follow the lease agreement.
• Maintaining the property: Tenants must keep their units clean from trash and make repairs on the property as outlined by the lease agreement.
• Abiding by the lease terms: The lease agreement is legally binding, and tenants must abide by it to stay compliant.
• Respecting the rights of neighbors. Excessive noise or damaging common areas could result in eviction or other penalties.
• Following eviction laws. Committing a lease violation means a tenant must legally leave the property when a judge orders.

Best Practices for Screening Prospective Tenants

Massachusetts is the only state in the country that forbids landlords from directly charging a rental application fee. However, real estate brokers or property management companies can charge fees to applicants.

Background checks can cover various aspects of an applicant’s history, including credit checks and rental history, but applicants in Massachusetts have a right to withhold their criminal history if they request it.

Landlords should follow state, local, and federal laws when using a background check to decide on an applicant. Failure to do so could result in severe legal penalties.

TurboTenant’s Tenant Screening features provide comprehensive background checks that apply the same criteria to all applicants, steering you clear of fair housing violations.

Compliance with Fair Housing Laws in Massachusetts

The federal government enacted the Fair Housing Act to ensure that all renters have an equal playing field when renting property, specifically regarding discrimination.

What actions are considered housing discrimination?

Federal fair housing laws prevent landlords from discriminating against renters based on race, color, national origin, religion, sex, familial status, and disability. A landlord cannot consider any of those factors in deciding who to accept during the application process and, similarly, can’t increase rent or offer different terms based on the above categories.

Additionally, landlords can’t advertise a unit using language that could be considered discriminatory. For example, landlords can’t advertise a unit with a preference towards certain groups. That includes using language like “no kids” or “only Christians allowed” since familial status and religion are part of the protected classes.

How can discrimination be avoided in rental practices?

To avoid discrimination when renting out property, landlords should establish a clear and consistent screening process that applies equally to all applicants. Avoiding questions about their protected characteristics and using standardized applications can also help protect landlords from discrimination accusations.

Training staff on the importance of federal fair housing laws should be a top priority to avoid potential confusion or code violations.

What are the repercussions for fair housing violations?

Landlords violating federal fair housing laws could be subject to fines and penalties, compensatory damages paid to the victims, potential loss of rental license, and reputational damage.

If accused of violating fair housing laws, landlords should carefully gather all relevant information, including communications, and consult a housing attorney for the best course of action.

Massachusetts Lease Agreements

While we recommend all tenancies feature a written lease, occupancies under a year don’t require them. Legally binding Massachusetts lease agreements protect landlords and tenants by clearly listing the responsibility of all parties while providing important information about how the rental engagement should work.

There are two primary lease types: fixed-term and month-to-month. Fixed-term leases have a firm end date, whereas month-to-month leases are considered “tenancies-at-will. ” Landlords or tenants can terminate them with at least 30 days’ written notice.

Which lease terms are legally required in Massachusetts?

To be considered legally valid, lease agreements must contain certain information. This includes:

• Names of all parties
• Address of the property
• Rent amount, due date, and acceptable payment methods
• Lease duration
• Responsibilities for maintenance and repairs
• Responsibilities for utility payments
• Security deposit information

What constitutes legal renting in Massachusetts?

To be considered a legal rental in Massachusetts, a unit must be safe and habitable and comply with local and state laws. Units must be up-to-date on all building codes and health ordinances, including compliance with lead paint laws in units built before 1978.

Additionally, all units must have working smoke detectors and alarms.

What tenant documentation is required?

To rent property in Massachusetts, landlords typically require:

• A valid ID, such as a driver’s license, passport, military ID, or government-issued ID
• Proof of income, including bank statements and tax returns
• Employment verification
• Rental history and/or references
• Credit Check*
• Criminal background check*

*These are often conducted as part of the application process, and each contains special rules regarding how they must be performed.

Landlords should keep detailed records of the application process in case complications arise at any point during the rental engagement.

What are the mandatory landlord disclosures in Massachusetts?

Massachusetts law requires landlords to inform tenants of information not otherwise contained in the lease agreement. These disclosures must be given to the tenant before they move in.

The required disclosures in Massachusetts are:

• The existence or knowledge of any lead-based paint or lead-based paint hazards in units built before 1978.
• Landlords must give tenants move-in checklists to confirm the condition of the unit and any appliances or features contained therein.
• How the utilities are split up between units if the costs are shared
• Detailed information about fire insurance upon tenant request

Security Deposits in Massachusetts

Landlords require security deposits to protect the property and safeguard their investment. They hold onto real money in case the tenant stops paying rent or causes excessive damage beyond normal wear and tear.

What are the guidelines for security deposit collection?

Massachusetts landlords may collect security deposits up to one month’s rent and must keep them in a separate, interest-bearing bank account, with a detailed receipt given to the tenant.

Landlords must pay the tenants interest on the deposit at 5% per year (or the interest received from the bank) on tenancies that last one year or longer.

When can deductions be made from security deposits?

Landlords may withhold funds from the deposit for unpaid rent or water charges or for reasonable costs to repair damage beyond normal wear and tear. Landlords must keep documentation itemizing these withholdings before returning the remainder to the tenant.

How should security deposits be returned?

Landlords must return security deposits to the tenant within 30 days of moving out. If the landlord withholds funds, they must return the deposit with an itemized list that details the costs of what they withheld and the reason for the withholding.

Landlord Maintenance Responsibilities

Massachusetts law requires landlords to keep all rental units in a safe and habitable condition for them to be considered legal rentals. New Massachusetts landlord-tenant law has seen some adjustments to the sanitation code, so landlords should familiarize themselves with the changes.

What are the legal standards for property conditions?

In Massachusetts, landlords must meet the minimum health and safety levels set by the Massachusetts State Sanitary Code, which ensures rental units are safe for tenants’ well-being.

All rentals must have:

• Running water and sewer systems
• Adequate heating for the unit between September 15 and June 15 of each year
• Safe and working electrical systems
• Smoke Detectors and Carbon Monoxide detectors
• Sound structural integrity with functional doors, locks, and windows
• Trash removal and sanitation

What is the proper protocol for repairs?

While Massachusetts does not set a specific timeframe for landlords to address necessary repairs and maintenance, once a tenant makes a written request for the needed repair, landlords must reasonably address the need as soon as possible. Emergency repairs should be made within 24-48 hours.

Tenants may be able to withhold rent if landlords don’t make repairs necessary for the health and safety of the occupants.

Do landlords need to give tenants advance notice before accessing a rental property?

Massachusetts statute does not provide a specific guideline regarding the amount of time a landlord must give before entering a property. The general understanding is that landlords should provide at least 24 hours’ notice before entry.

If landlords repeatedly enter a unit without proper notice, they could be liable for claims under landlord harassment. Continued harassment could allow the tenant to obtain a court order to prevent the landlord from entering the unit, recover the costs of any damages incurred by the landlord’s entry, or ask the court to cancel the rental agreement.

Late Rent Fee Regulations

Massachusetts requires a 30-day grace period for rent payments before landlords can charge a late fee.

A late fee must be reasonable, though there is no statutory limit, and the lease agreement must explicitly state it.

Rent Control in Massachusetts

Massachusetts does not currently have rent control laws, as legislation effectively banned them. Effectively, landlords are free to increase the rent to whatever level they see fit as long as they give proper notice to month-to-month tenants or wait for a fixed-term lease to expire.

For month-to-month leases, landlords must give tenants at least 30 days’ notice before the rent increase takes effect. No advance notice is required for fixed-term leases, and the new rent price takes effect when the new lease is signed.

Lease Renewal and Termination

Landlords or tenants can terminate a month-to-month lease by giving at least 30 days’ written notice. Fixed-term leases expire at the end of the term unless the lease explicitly says otherwise. Neither party must provide advance notice when they don’t intend to renew the lease. Massachusetts landlords are not obligated to renew a lease when the term ends.

Tenants may be able to break a fixed-term lease early and without penalty if they meet a legal, qualifying condition. In Massachusetts, these conditions include:

• Entering into active military duty
• Domestic violence
• Uninhabitable living conditions
• Landlord harassment

Landlords may be able to break a fixed-term lease early in the following situations:

• Lease violation by the tenant
• Necessary, major repairs that threaten the habitability of the unit
• Taking back occupancy of the unit

Eviction Procedures for Massachusetts Landlords

Massachusetts landlord-tenant laws establish the rules for eviction, which can vary from state to state. Landlords should familiarize themselves with the guidelines to avoid any potential complications during the process.

What justifications exist for eviction?

Massachusetts is a just cause (fault) eviction state, meaning landlords must provide a legally valid reason for filing for eviction. Valid reasons for eviction include:

• Non-payment of rent
• Lease violations
• Illegal activity
• Significant property damage or neglect

Landlords should document all violations as they may serve as evidence in a potential eviction hearing.

What is the eviction process?

Once a landlord establishes proper cause for eviction, the process typically looks like this:

• Deliver a notice to quit
  • 14-day notice to quit for non-payment of rent
  • 7-day notice to quit for a lease violation
  • 7-day notice to quit for illegal activity
• File a complaint with the court due to unresolved violations
• Court holds a hearing and issues a judgment
• Court issues writ of execution, if applicable
• Possession of the property returns to the landlord

How is property reclaimed after eviction?

Once the court reaches a judgment and issues a writ for possession, the sheriff or local law enforcement will execute the writ to remove the tenant from the property if they have not already vacated. Once the tenant has left, the landlord may replace locks to secure the unit.

Landlords must attempt to return any personal property left behind by the tenant by giving them written notice. If, after 60 days, the tenant has not recovered the property, the landlord may dispose of it.

Local Ordinances for Landlords and Tenants

As we’ve discussed, understanding Massachusetts landlord-tenant laws is critical for property owners who have decided to rent property.

However, while state and federal laws dominate the landscape, local (city and county) ordinances can also significantly affect Massachusetts’s tenant and landlord rights. Landlords can usually find local guidelines on Municode; it’s a good place to stay current with new legislation,

Federal Landlord-Tenant Laws

There are a number of federal laws and organizations that oversee housing across the United States. These include:

• The Fair Housing Act: As discussed above, the Federal Fair Housing Act protects renters from unfair and discriminatory practices in renting property.
• The Americans with Disabilities Act (ADA): The ADA requires landlords to make reasonable accommodations for people with disabilities.
• The Consumer Financial Protection Bureau (CFPB): This organization oversees rental housing practices and provides resources related to lease agreements, security deposits, and evictions.
• US Department of Housing and Urban Development (HUD): The HUD provides housing rights resources, including information about fair housing and housing assistance programs.

Managing Tenant Legal Disputes as a Massachusetts Landlord

Landlord-tenant disputes are never comfortable, and landlords should tread carefully to avoid escalating the conflict to untenable levels. Communicating openly and honestly with tenants is often the best resolution path. However, landlords should document all communication and notices and follow the lease agreement and relevant laws in case all parties cannot solve the problem.

Multiple resources are available for landlords and tenants who need assistance in landlord-tenant disputes.

• Massachusetts Legal Help offers various resources for landlords and tenants, including guides on tenant rights and help finding legal assistance.
• Community Legal Aid is a nonprofit that provides legal services to low-income individuals with housing issues.
• The Massachusetts Tenant Hotline at the Attorney General’s office can help navigate disputes between landlords and tenants.

Navigate Your Landlord-Tenant Relationship with TurboTenant

TurboTenant is free property management software for landlords. It offers a host of features and functionality that can help streamline the management of a landlord’s rental portfolio.

It can also help landlords navigate Massachusetts landlord-tenant laws in a variety of ways.

Managing landlord-tenant relationships is a breeze with features like:

• Online rent collection
• Maintenance and repair tracking
• Legally-reviewed, state-specific lease agreement templates
• Tenant tracking and in-app messaging
• Comprehensive tenant screening and background checks

Protecting Massachusetts tenant rights and managing properties can be challenging, but TurboTenant is here to help. Sign up for a free TurboTenant account today, and let us do the heavy lifting.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

Massachusetts Landlord-Tenant Law FAQs