Massachusetts Landlord Tenant Laws
The following information regarding Massachusetts landlord tenant laws answers the most common concerns and questions, from tenants’ rights to rent increase notices.
Can a Landlord Enter Property Without Permission in Massachusetts?
Landlords must provide tenants with advance notice to inspect the apartment, make repairs, or to show it to potential buyers, tenants, or agents. There are exceptions, and no notice or approval is necessary in the case of repair or mechanical emergencies that could potentially damage the entire building. Landlords also do not have to provide notice if the tenant seems to have abandoned the property.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Terms of tenancy,” then “Obligations of the landlord and the tenant.”
How Long Does a Landlord Have to Fix Something in Massachusetts?
Landlords have 14 days to make repairs after receiving written notice.
If a landlord does not make the necessary repairs to meet the Sanitary Code, tenants can request a visit from the board of health or code enforcement officers. These inspectors can review the property and require the landlord to fix the problem. If the landlord still does not fix it, the tenant might be entitled to withhold some rent.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “State Sanitary Code.”
How Much Notice Does a Landlord Have to Give a Tenant to Move Out in Massachusetts?
Massachusetts tenant rights require landlords to give the tenant a 30-Day or 14-Day Notice to Quit. The landlord then files a civil action with the court. The court must make a judgment that includes a date by which the tenant must be off the property, with their possessions. If the tenant is not gone by this date, the landlord can have a constable or sheriff assist them with the eviction.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Eviction.”
Can a Landlord Kick You Out for No Reason in Massachusetts?
No, landlords typically have to go through the courts to remove tenants from their property.
Additionally, tenants have the right to defend themselves against eviction. Common defenses include retaliation, a lack of repairs, discrimination, and not properly ending the tenancy.
Keep in mind that the notice required to end a lease depends on the lease terms. There is no required notice for definite or year-to-year leases, except if payment intervals are at least three months, in which case notice of three months is necessary. Notice for month-to-month tenancy must be 30 days or the interval between payments, whichever is longer. There is no notice requirement for week-to-week agreements.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Eviction,” paying extra attention to “The eviction process.”
Is There a Limit to How Much a Landlord Can Raise Your Rent in Massachusetts?
Landlords are only allowed to increase rent at the end of a lease term. In the case of week-to-week or month-to-month leases, the landlord must provide a Massachusetts rent increase notice at least 30 days in advance.
There is no limit to the increase in rent, as Massachusetts does not have rent control.
What Is the Most a Landlord Can Raise Your Rent?
Since Massachusetts has no rent control, landlords can increase rent by any amount, provided they give tenants a Massachusetts rent increase notice or the lease has ended.
What Are Landlord Responsibilities With Security Deposits in Massachusetts?
Length of Holding onto a Security Deposit When a Tenant Moves Out
The landlord must return the security deposit within 30 days of the lease ending, along with the interest it earned.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Payments at the start of tenancy,” then “Security deposits.”
How Much Can a Landlord Collect for a Security Deposit?
Massachusetts tenant rights restrict the security deposit to being no more than a month of rent.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Payments at the start of tenancy.”
What Can Be Taken Out of a Security Deposit When a Tenant Moves Out?
Massachusetts landlord tenant laws allow the landlord to deduct from the security deposit to pay for repairs that exceed average wear and tear or for unpaid rent. Landlords can also add a clause in the lease that charges tenants a share of property tax increases, which would also be deducted at this time.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Payments at the start of tenancy,” then “Security deposits.”
Are Receipts Required with a Returned Security Deposit If Repairs or Other Items Are Taken Out of the Deposit?
Although no official receipts of materials or services are necessary, landlords must give tenants written descriptions of any damage, along with the estimated cost to repair it. This has the same time limit as returning the security deposit within 30 days of the lease ending.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Payments at the start of tenancy,” then “Security deposits.”
Any Other Rules the State Has on Security Deposits?
Landlords in Massachusetts are required to place security deposits in interest-collecting accounts at Massachusetts banks within a month of the tenancy. Additionally, the tenant must have the account number and bank address and name where the deposit is stored. Annually, the tenant must either receive the interest on their security deposit or have it deducted from their rent.
Further Reading: Visit The Attorney General’s Guide to Landlord and Tenant Rights and scroll down to “Payments at the start of tenancy,” then “Security deposits.”
Is Massachusetts Landlord-Friendly?
Yes, Massachusetts is landlord-friendly as landlords do not have too many restrictions.
Resources for Massachusetts Landlord Tenant Laws
Read more of our state landlord tenant law guides here.
Note: This content is not intended to substitute, replace, or be construed as professional legal advice. It is for referential purposes only and not meant to replace the advice of your legal counsel, legal representation, and or lawyer. Please consult your professional legal representation or lawyer to be sure your lease is compliant with any state and/or federal laws.