Massachusetts Landlord-Tenant Laws

• 30 days after termination of occupancy
• Must be sent within 30 days with signed statement under penalties of perjury

• Landlord must return the full deposit (plus accrued interest) within 30 days after the tenancy ends
• If retaining any portion, landlord must provide within 30 days an itemized list of damages SIGNED UNDER PENALTIES OF PERJURY (MGL c.186, § 15B(6))
• Itemized statement must include: detailed nature of damage, repairs necessary, and written evidence (invoices, bills, receipts, or estimates)
• CANNOT deduct for damage listed in the Statement of Condition provided at move-in (unless landlord subsequently repaired it and can prove new damage was caused by tenant)
• CANNOT deduct for reasonable wear and tear — Peebles v. JRK (SJC-13702, 2025) confirmed this explicitly
• +4 more requirements

Annually and at termination

• Landlord must pay tenant interest on the security deposit at 5% per year OR the actual bank rate if lower (MGL c.186, § 15B(3)(b))
• Interest must be paid to the tenant at the end of EACH year of the tenancy
• If tenancy terminates before the anniversary date, tenant must receive all accrued interest within 30 days of termination
• Landlord must provide annual statement indicating the interest amount payable
• If landlord fails to pay interest within 30 days of anniversary: tenant may deduct the interest from the next rent payment
• +3 more requirements

• 14-day Notice to Quit (MGL c.186, § 11)
• Tenant at will who has NOT received a Notice to Quit in previous 12 months can cure by paying all rent owed within 10 days of receiving notice (MGL c.186, § 12)
• 30 days or rental period, whichever is longer, for tenancy at will (MGL c.186, § 12)
• After notice expires, landlord files Summary Process complaint in Housing Court, District Court, or Superior Court

• Step 1: Serve 14-day Notice to Quit for nonpayment of rent (sent by registered mail)
• For tenancy at will terminated for nonpayment: landlord must give 14 days' notice (MGL c.186, § 11)
• Tenant at will who has NOT received a notice to quit in the preceding 12 months may cure by paying full rent owed within 10 days of receiving notice (MGL c.186, § 12) — landlord must notify tenant of this right; failure to notify means tenant has until answer date to pay
• Step 2: After notice period expires, landlord files Summary Process Summons and Complaint
• Summons must be served by sheriff, deputy sheriff, or constable — NO self-service allowed
• +7 more requirements

• 30 days' notice or length of rental period, whichever is longer (MGL c.186, § 12)
• Varies — 14-day notice for breach of condition (MGL c.186, § 11)
• Shorter notice period for premises used for illegal activity, drugs, prostitution, gambling (MGL c.139, § 19)
• No additional notice required at end of fixed-term lease unless lease requires it

• Tenancy at will (no cause): landlord must give written notice equal to 30 days or one rental period, whichever is longer (MGL c.186, § 12) — sent by registered mail or delivered in hand
• For lease violations (breach of condition): 14 days' notice in writing (MGL c.186, § 11)
• For common nuisance (drugs, prostitution, gambling, illegal weapons): shorter notice periods under MGL c.139, § 19
• For illegal activity on premises: landlord may have expedited grounds for eviction
• Fixed-term lease: tenancy automatically ends at expiration of term; no notice to quit required unless lease specifies otherwise
• +4 more requirements

• May 5, 2025 (St. 2024, c. 150, § 52)
• Immediately if case was dismissed or judgment entered for tenant
• 4 years after judgment was satisfied
• 7 years after judgment

• NEW LAW effective May 5, 2025 — tenants can petition the court to seal their eviction records
• Case dismissed or judgment for tenant: may petition immediately
• Nonpayment eviction with judgment satisfied: may petition after 4 years
• Fault-based eviction: may petition after 7 years
• Petitioner must not have any pending 'lessor action' (lawsuit by tenant against landlord) within the applicable time period
• +5 more requirements

Throughout the tenancy

• Massachusetts has an IMPLIED warranty of habitability in every residential lease — established by BHA v. Hemingway (1973)
• At minimum, landlord must maintain premises in conformity with the State Sanitary Code (105 CMR 410)
• Sanitary Code requires: adequate heat (minimum 68°F from Sept 15 - June 15), hot and cold running water, working plumbing and sewage, functioning electrical systems, adequate lighting, safe structural conditions
• Must provide: working kitchen facilities (stove, oven, sink), working bathroom with toilet and bathtub/shower, adequate ventilation, screens on windows (April 1 - October 31)
• Must maintain: pest-free conditions (landlord must inspect before each new occupancy), lead paint compliance, smoke detectors and CO alarms, adequate egress
• +5 more requirements

• At least 48 hours' notice to occupant (105 CMR 410.400)
• No notice required for emergency repairs
• Within last 30 days of tenancy or after notice to terminate (MGL c.186, § 15B(1)(a)(iii))

• Landlord may enter ONLY for: (1) inspections, (2) making repairs, (3) showing the property to prospective tenants, purchasers, or mortgagees (MGL c.186, § 15B(1)(a))
• Lease CANNOT grant broader entry rights than allowed by statute — broader provisions are void
• Landlord must provide at least 48 hours' notice to the occupant, except for emergency repairs (105 CMR 410.400)
• Entry must be at a reasonable time — by appointment if possible
• Within last 30 days of tenancy (or after notice to terminate): landlord may enter to inspect for damage related to security deposit deductions
• +4 more requirements

6-month presumption period after protected activity

• Landlord CANNOT retaliate against a tenant for exercising any legal right
• Protected tenant activities include: reporting code violations to landlord or board of health, filing complaints with courts or agencies, participating in tenant organizations, exercising rights to gas/electric service (MGL c.164, § 124D), withholding rent for habitability violations
• Prohibited retaliatory actions: eviction, rent increase, reduction in services, threats, any other substantial change in lease terms
• PRESUMPTION OF RETALIATION: Any adverse action taken by landlord within 6 months of tenant's protected activity is PRESUMED retaliatory (MGL c.186, § 18; MGL c.239, § 2A)
• Burden shifts to landlord to prove the action was NOT retaliatory
• +4 more requirements

• 30 days' written notice or one full rental period, whichever is longer (MGL c.186, § 12)
• 3 months' notice if rent is payable quarterly or longer
• Ends automatically at expiration of lease term — no notice required unless lease specifies
• Same notice period as landlord — 30 days or one rental period

• Tenancy at will (monthly rent): either party must give 30 days' written notice or notice equal to one full rental period, whichever is longer
• Notice must be given at least 30 days before the date specified for termination
• If rent is payable quarterly or at longer intervals: 3 months' notice required
• Notice should be served by registered/certified mail or delivered in hand
• Fixed-term lease: ends automatically at the expiration of the stated term — no additional notice required by either party
• +4 more requirements

• Rent control BANNED statewide since 1994 (voter referendum)
• Pending — 88,132 valid signatures certified (December 2025); needs additional 12,429 signatures by July 8, 2026, or legislative approval to appear on November 2026 ballot

• Rent control is currently PROHIBITED statewide under MGL c.40P — no city or town may enact any form of rent control
• Ban was enacted by voter referendum in 1994, ending rent control in Boston, Cambridge, and Brookline (the only municipalities that had it)
• There is NO state cap on rent increases — landlords may raise rent by any amount
• For tenancy at will: landlord must give 30 days' notice (or one rental period) before any rent increase takes effect
• For fixed-term lease: rent cannot be increased during the lease term unless the lease allows it
• +6 more requirements

At all times — advertising through termination

• Federal Fair Housing Act protects: race, color, national origin, religion, sex, familial status, disability
• Massachusetts adds: gender identity, sexual orientation, genetic information, age, ancestry, veteran/military status, receipt of public assistance/housing subsidies, marital status, children (MGL c.186, § 16 — landlord may not prohibit or restrict occupancy of children)
• Massachusetts prohibits SOURCE OF INCOME discrimination — landlords cannot refuse Section 8 vouchers or other housing subsidies
• Lead paint: landlord may not refuse to rent to families with children under 6 due to lead paint — must de-lead instead (MGL c.111, § 197)
• Reasonable accommodations and modifications must be provided for disabled tenants
• +3 more requirements

30 days' notice or earlier in emergency circumstances

• DV victim may terminate lease early with 30 days' written notice and qualifying documentation (MGL c.186, § 24)
• Qualifying documentation includes: restraining order, police report, or statement from qualified professional
• Landlord must change locks within 24 hours of receiving qualifying documentation or tenant may change locks at own expense
• DV victim is not liable for remaining rent under the lease beyond the 30-day notice period
• Household members of the victim may also remain in the unit under the existing lease terms
• +4 more requirements