Massachusetts

Massachusetts Landlord Tenant Key Rules

Official Massachusetts Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	1x monthly rent Mass. Gen. Laws ch. 186 § 15B(1)(b)(iii)
Security Deposit Interest:	5% or any interest amount paid by the bank must be paid to the tenant for leases that are a minimum of 1 year. The interest must be paid each year of tenancy. Mass. Gen. Laws ch. 186 § 15B(3)(b)
Separate Security Deposit Bank Account:	Yes. Receipt must be given to tenant within 30 days indicating the name and location of the bank where it’s being held. Mass. Gen. Laws ch. 186 § 15B(3)(a)
Non-refundable fees:	Not allowed unless stated in the lease and agreed to by tenant. Mass. Gen. Laws ch. 186 § 15B(1)(b)(iii)(B)(l)
Pet Deposits and Additional Fees:	No statute
Deadline for Returning Security Deposit:	30 days at the end of tenancy. Mass. Gen. Laws ch. 186 § 15B(4)
Permitted Uses of the Deposit:	Unpaid rent, unpaid water charges, unpaid increase in real estate taxes, reasonable amounts to repair damages. etc. Mass. Gen. Laws ch. 186 § 15B(4)(i)(ii)(iii)
Security Deposit can be Withheld:	Yes Mass. Gen. Laws ch. 186 § 15B(4)(i)(ii)(iii)
Require Written Description/Itemized List of Damages and Charges:	Yes Mass. Gen. Laws ch. 186 § 15B(4)(iii)
Receipt of Security Deposit:	Yes Mass. Gen. Laws ch. 186 § 15B(3)(a)
Record Keeping of Deposit Withholdings:	Yes. 2 years of records must be kept for each dwelling unit. Mass. Gen. Laws ch. 186 § 15B(2)(d)(iii)
Failure to Comply:	Landlord forfeits right to withhold any portion of the deposit Mass. Gen. Laws ch. 186 § 15B(6)

Lease, Rent & Fees:

TOPIC	RULE
Rent is Due:	No statute. Usually it’s at the beginning of the month or each term, unless otherwise stated in the lease.
Payment Methods:	No statute
Rent Increase Notice:	No statute. Common practice is 30-day notice
Late Fees:	Can be imposed 30 days after rent is due Mass. Gen. Laws ch. 186 § 15B(1)(c)
Application Fees:	No statute
Prepaid Rent:	A landlord can require the first and last month as a security deposit. Mass. Gen. Laws ch. 186 § 15B(1)(a)(i)(ii)
Returned Check Fees:	If the amount is less than $2,500 the penalty is $25. If it exceeds that amount, the fee is 1% of the check amount. Mass. Gen. Laws ch. 60 § 57A
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Yes Mass. Gen. Laws ch. 239 § 8A
Tenant Allowed to Repair and Deduct Rent:	Yes. The amount may not exceed 4 months’ rent in any 12-month period. Mass. Gen. Laws ch. 111 § 127L
Self-Help Evictions:	Not allowed. Punishable by a fine of up to $300 or imprisonment of up to 6 months. Mass. Gen. Laws ch. 186 § 14
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	No statute

Notices and Entry:

TOPIC	RULE
Notice to Terminate Tenancy:	3-month notice for payment intervals of 3 months or more. If it’s under 3 months, then notice should be in equal intervals to payments or 30 days whichever is longer. Mass. Gen. Laws ch. 186 § 12
Notice to Terminate a Periodic Lease – Week-to-week:	Notice should be in equal intervals to payments or 30 days whichever is longer. Mass. Gen. Laws ch. 186 § 12
Notice to Terminate a Periodic Lease – Month-to-Month:	Notice should be in equal intervals to payments or 30 days whichever is longer. Mass. Gen. Laws ch. 186 § 12
Notice to Terminate Lease due to Sale of Property:	No specific statute. General notice of termination states it should be in equal intervals to payments or 30 days, whichever is longer. Mass. Gen. Laws ch. 186 § 12
Notice of date/time of Move-Out Inspection:	No statute
Notice of Termination for Nonpayment:	14-day notice to quit or remedy. Mass. Gen. Laws ch. 186 § 11
Notice for Lease Violation:	No specific statute. General notice of termination states it should be in equal intervals to payments or 30 days, whichever is longer. Mass. Gen. Laws ch. 186 § 12
Required Notice before Entry:	The statute doesn’t specify how much notice must be given, but common practice is 24-hour notice minimum. Mass. Gen. Laws ch. 186 § 15B(1)(a)
Entry Allowed with Notice for Maintenance and Repairs:	Yes Mass. Gen. Laws ch. 186 § 15B(1)(a)
Emergency Entry Allowed without Notice:	No specific statute. Usually it is allowed
Entry Allowed During Tenant’s Extended Absence:	Yes Mass. Gen. Laws ch. 186 § 15B(1)(a)(ii)
Entry Allowed with Notice for Showing the Property:	Yes Mass. Gen. Laws ch. 186 § 15B(1)(a)
Notice to Tenants for Pesticide Use:	No statute
Lockouts Allowed:	No Mass. Gen. Laws ch. 186 § 14
Utility Shut-offs Allowed:	No Mass. Gen. Laws ch. 186 § 14
Electronic Notices Allowed:	Must be agreed to by all parties Mass. Gen. Laws ch. 110G § 15

Disclosures

• Name and Addresses: Landlord must provide the name, address, and phone number of the property manager and owner. (Mass. Gen. Laws ch. 186 § 1)
• Copy of the Lease: Tenants must receive a signed copy of the lease. (Common practice)
• Domestic Violence Situations: Tenants can break the lease with proof of abuse. (Mass. Gen. Laws ch. 186 § 24)

Duties

Landlord’s Duties

• Compliance: Must meet state sanitary and building codes. (105 CMR 410.003)
• Repairs: Responsible for necessary repairs to keep the premises habitable. (105 CMR 410.003)
• Common Areas: Keep in good repair and safe condition. (105 CMR 410.003)
• Maintenance: Must ensure all essential services work properly. (105 CMR 410.003)
• Garbage: Must provide for removal and receptacles. (105 CMR 410.600-602)

Tenant’s Duties

• Cleanliness: Keep the premises clean. (105 CMR 410.600-602)
• Trash: Dispose of garbage in a sanitary manner. (105 CMR 410.600-602)
• Plumbing: Use plumbing fixtures properly. (105 CMR 410.003)
• Appliances: Operate reasonably. (105 CMR 410.003)
• Damage: Do not cause damage. (105 CMR 410.003)
• Quiet Enjoyment: Avoid disturbing others. (Common law)
• Subleasing: Subject to lease terms. (Lease-specific)
• Retaliation: Illegal for landlords to retaliate. (Mass. Gen. Laws ch. 186 § 18)
• Lead Disclosure: Federal requirement.