Massachusetts Landlord-Tenant Laws: Rights and Duties for Both Sides

Massachusetts gives tenants strong protections: no late fee until rent is 30 days overdue, rent withholding and repair rights tied to the State Sanitary Code, and a presumption of retaliation for six months after a tenant complains or organizes.

Massachusetts landlord-tenant rights at a glance

Rule	Massachusetts	Law
Notice before entry	No statute sets a notice period, but a lease may allow entry only to inspect, make repairs or show the unit, under a court order, if the unit seems abandoned, or to check for damage near the end of the tenancy.	G.L. c.186, section 15B
Tenant repair remedies	If the landlord does not fix State Sanitary Code violations after notice, a tenant may withhold rent and use the conditions as a defense, or in some cases make repairs and deduct up to four months of rent.	G.L. c.239, section 8A and G.L. c.111, section 127L
Retaliation protection	A termination notice, rent increase or major change in terms within six months after a tenant complains, sues or joins a tenant group is presumed retaliatory, and the tenant can recover one to three months of rent or actual damages, whichever is more.	G.L. c.186, section 18
Late fees	A lease cannot charge interest or a penalty for late rent until the rent is 30 days overdue.	G.L. c.186, section 15B
Grace period	No late charge can apply during the first 30 days after rent is due.	G.L. c.186, section 15B
Deadline to return the deposit	The landlord must return the deposit, or the balance after lawful deductions, within 30 days after the tenancy ends.	G.L. c.186, section 15B

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. If the landlord does not fix State Sanitary Code violations after notice, a tenant may withhold rent and use the conditions as a defense, or in some cases make repairs and deduct up to four months of rent. (G.L. c.239, section 8A and G.L. c.111, section 127L)

Entry and privacy

Notice before entry. No statute sets a notice period, but a lease may allow entry only to inspect, make repairs or show the unit, under a court order, if the unit seems abandoned, or to check for damage near the end of the tenancy. (G.L. c.186, section 15B)

Retaliation

Retaliation protection. A termination notice, rent increase or major change in terms within six months after a tenant complains, sues or joins a tenant group is presumed retaliatory, and the tenant can recover one to three months of rent or actual damages, whichever is more. (G.L. c.186, section 18)

Rent, late fees and grace periods

Late fees. A lease cannot charge interest or a penalty for late rent until the rent is 30 days overdue. (G.L. c.186, section 15B)

Grace period. No late charge can apply during the first 30 days after rent is due. (G.L. c.186, section 15B)

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Application fees. Before or at the start of a tenancy a landlord may collect only first and last month's rent, a deposit up to one month and the cost of a lock and key, so separate application fees are not allowed. (G.L. c.186, section 15B)

Screening rules. Landlords may not refuse to rent because an applicant receives public assistance or a housing subsidy, and they must follow state fair housing law and the rules for criminal record checks. (G.L. c.151B, section 4)

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

Required disclosures. A landlord who takes a deposit must give a signed receipt, a written statement of the unit's condition within 10 days, and within 30 days a bank receipt showing the bank, account number and amount. (G.L. c.186, section 15B)

Required disclosures. Landlords must give the state Tenant Lead Law Notification, and homes built before 1978 where a child under six lives must be made lead safe. (Massachusetts Lead Law (G.L. c.111, section 197))

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Security deposits in brief

Deposit limit. A security deposit cannot be more than one month of rent. (G.L. c.186, section 15B)

Deadline to return the deposit. The landlord must return the deposit, or the balance after lawful deductions, within 30 days after the tenancy ends. (G.L. c.186, section 15B)

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.