Land demised for a term of 100 years or more shall be regarded as an estate in fee simple, subject to the right of the lessor and his heirs and assigns to the rent reserved and to the benefit of any conditions and covenants in the lease.
Upon the neglect or refusal to pay rent due and payable upon a lease of land or tenements at will or for a term of years, fourteen days notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease.
Any notice to quit for nonpayment of rent shall include a form, prescribed by the Chief Justice of the Trial Court, informing the tenant of the availability of rental assistance resources and the tenant's right to seek counsel.
Except as otherwise provided in this chapter, a tenancy at will of land or tenements may be determined by either party by giving to the other party a written notice of not less than the interval between the days of payment or thirty days, whichever is longer.
A tenant at will whose tenancy has been terminated by notice as provided in section twelve may, notwithstanding such notice, retain possession of the premises for the period of the notice, and the landlord shall not be entitled to recover possession thereof before the expiration of such period.
Any lessor or landlord who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant, or who attempts to regain possession of such premises by force or by the removal of the occupant's goods or by the shutting off of utilities or services, shall be liable for actual and consequential damages or three months' rent, whichever is greater, and the costs of the action including a reasonable attorney's fee.
At or prior to the commencement of any tenancy, no lessor may require a tenant or prospective tenant to pay any amount in excess of: (i) rent for the first full month of occupancy; (ii) rent for the last month of occupancy; (iii) a security deposit equal to the first month's rent; and (iv) the purchase and installation cost for a key and lock. The security deposit must be deposited in a separate, interest-bearing account. Landlord must provide written receipt within 30 days including bank name and account number. Security deposit must be returned within 30 days of tenancy end with itemized deductions. Failure to comply with deposit requirements forfeits the right to any deductions. Wrongful withholding entitles tenant to triple damages plus attorney fees.
A lessor of residential real property may include in any lease or rental agreement a provision permitting the lessor to increase the rent payable thereunder upon an increase in the real estate taxes assessed against the leased premises.
A landlord who orally agrees to execute a written lease shall deliver a signed copy of such lease to the tenant within thirty days after both parties have signed the lease.
A lease of land for a definite term shall not, upon the expiration thereof, result in a tenancy at will, and the person remaining in possession of such land without the agreement of the owner shall be a tenant at sufferance.
Any person who, within six months after the tenant has commenced, proceeded with, or obtained relief in any proceeding, or who, within six months after inspection of premises by a board of health or other public agency in response to a complaint, increases rent, decreases services, or attempts to recover possession from such tenant shall be presumed to be acting in reprisal against the tenant.
A tenant who gives written notice to his landlord of an unsafe condition in the premises, which notice is not complied with within a reasonable time, may thereafter withhold a reasonable amount of rent until the condition is corrected.
Any provision of a lease or other rental agreement relating to residential premises which provides that a landlord shall be entitled to attorney's fees and expenses incurred in any action arising out of the lease shall be construed to entitle the prevailing party in such action to attorney's fees and expenses.
Upon written request of a tenant or occupant, a landlord shall within fifteen days provide in writing the name of the company insuring the property against loss or damage by fire, the amount of such insurance, and the name of any person who shall receive payment.
Landlords may install submeters for individual unit water usage and charge tenants for actual usage, subject to conditions including: prior notice, accurate metering, provision of bills, and compliance with regulations promulgated by the Department of Public Utilities.
A tenant who is a victim of domestic violence, rape, sexual assault, or stalking may terminate a lease early by providing the landlord with documentation of the abuse and a written statement of intent to terminate. The landlord must change locks upon request within 2 business days. A landlord may not discriminate against a prospective or current tenant based on their status as a victim of domestic violence.
A person entitled to land or tenements may recover possession thereof under this chapter if: (1) the defendant holds possession without right after the determination of a tenancy at will or upon the expiration of a lease; (2) the defendant is a tenant or occupant and has neglected or refused to pay the rent due; (3) the defendant has violated a condition of the lease; or (4) the premises are required for the landlord's own use or for another lawful purpose.
An action under this chapter shall be entered in the court having jurisdiction by filing a complaint. The summons and complaint shall be served on the defendant not less than 7 days before the return day.
The defendant may answer at or before the return day. The answer may include a counterclaim for any matter arising out of the tenancy. The court may allow the defendant to raise any defense or counterclaim at any time before judgment.
In any action under this chapter for nonpayment of rent, if the tenant alleges as a defense or counterclaim that the premises are not in habitable condition, the court may order the tenant to pay rent into court pending resolution of the action. The court may thereafter order abatement of rent, repair, or other appropriate relief.
If judgment is rendered for the plaintiff, the court shall issue a writ of execution not sooner than ten days after entry of judgment, unless the court for good cause shown orders the issuance thereof at an earlier time. The writ of execution shall be directed to the sheriff or constable.
A defendant may appeal from a judgment against him by filing an appeal and paying any appeal bond required by the court within ten days after entry of judgment. The filing of an appeal and payment of the bond shall operate as a stay of execution.
Any person who has been injured by another person's use or employment of any method, act or practice declared to be unlawful by section two of this chapter may bring an action in the superior court. If the court finds a violation, it shall award: actual damages or $25 whichever is greater; up to three but not less than two times damages for willful or knowing violation; and attorney's fees and costs.
The State Sanitary Code establishes minimum habitability standards for all residential rental property in Massachusetts. Requirements include: adequate heat (68°F when outdoor temp is below 45°F, Oct 1 - May 31); hot water (110°F); working smoke and CO detectors; adequate light, ventilation, and egress; functioning plumbing and electrical systems; freedom from insects, rodents, moisture, and other hazards. Local boards of health enforce the Code.
A landlord shall change the lock of a dwelling unit upon the written request of a tenant, co-tenant, or household member who has a reasonable apprehension of present danger of domestic violence, rape, sexual assault, or stalking from another occupant or former occupant. The landlord shall change the lock within 2 business days of receiving the request and documentary evidence.
No city or town shall enact, maintain or enforce any control of the rent charged for the use or occupancy of any real property.
Effective August 1, 2025, the party that hires a real estate broker to find a tenant shall be responsible for paying the broker's fee. If the landlord hires the broker, the landlord must pay. If the tenant hires the broker, the tenant pays. Landlords may no longer charge tenants broker fees that were incurred by the landlord.
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