Massachusetts tenant rights: Your guide to renting

Learn about your tenant rights in Massachusetts, from rental laws and security deposits to rent increases and eviction notices.

Ivandzhelin

7 minute read

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24 Jun 2024

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Renting

As a renter, you have tenant rights outlining your rights and responsibilities in the property you’re renting. It’s important to be aware of your tenant rights in Massachusetts as they bring attention to important factors like the condition of the rental property and repair responsibilities.

This guide simplifies Massachusetts rental laws, including security deposits, eviction notices, and rental increases. Whether you’re exploring homes for rent in Boston, Cambridge, or elsewhere in Massachusetts, these state-wide rights apply to you.

Massachusetts tenant rights apply whether you've signed a rental agreement or are a tenant at will (living on the property and paying rent without a signed agreement).

Right to fair housing

Landlords in Massachusetts can’t refuse to rent out a property to you based on your sexual orientation, race, ethnicity, religious beliefs, familial status, or disability (including the need for a service animal). Also, you can't be turned down for a property because of your socioeconomic status or if you're renting with a rental subsidy.

Right to privacy

There are only a few specific instances in which your landlord is legally allowed to enter your apartment:

• To make repairs, e.g., fix the lock of the door
• To check the condition of the house, e.g., check for damages 30 days before the end of your tenancy
• To show the unit to new prospective tenants or buyers
• If ordered by a court, e.g., in cases of eviction
• If the unit looks abandoned

Your landlord has to notify you before coming to your house. You need to arrange a date and time when both of you can be present, and they can’t come into your house without your permission.

Right of habitable housing

Your landlord has to provide you with habitable housing. This means that the place you’re renting has to comply with the Massachusetts Sanitary Code, which means that the home you're renting needs to:

• Have running water and access to heating
• Be protected against cockroaches, bed bugs, and rodents
• Ensure solid structure with leak-free ceilings, windows and doors with working locks, staircases complying with safety codes, etc.
• Have a usable sink, oven, and space for a refrigerator if one isn’t provided (only for properties that come with a kitchen)
• Be free of snow in the winter months, only in cases where the exit is used by more than one house or several roommates living in the same house
• Be lead-proof

If you have children younger than 6 and you find lead in your property, the landlord needs to take care of it immediately.

Protection against harassment and retaliation

As a tenant in Massachusetts, you can exercise your rights by joining a tenant association or contacting the Board of Health if your rental unit doesn’t comply with the Sanitary Code. Landlords legally can’t retaliate against tenants who make any action or complain against them. If the landlord increases your rent or ends the rental agreement within 6 months of you doing any of these things, their actions are considered retaliation. The burden of proof lies with the landlord to demonstrate non-harassment.

Utility rights

If your landlord is responsible for the rental unit's bills and fails to pay them, the utility company can't cut off services without giving you a 30-day notice. If the provider asks you to cover the costs partially, you can deduct the cost from next month's rent.

You and your landlord are responsible for ensuring your rental meets the Sanitary code. You, the tenant, are responsible for small repairs (e.g., unclogging drains) and maintaining the house's overall good condition during your lease. Additionally, any damages you or your guests cause during the rental period are your responsibility.

The landlord is responsible for major repairs related to the property’s safety and habitability. It’s also their job to maintain and repair the property and its appliances, e.g., the oven, smoke detectors, electrical wiring, ceilings, etc.

If something breaks in your rental and the landlord is responsible for the repair, you need to report this in writing. The landlord then needs to repair it within a “reasonable time, " typically 14 days, depending on the issue. Landlords cannot refuse to make repairs. If they refuse to repair it or do not acknowledge the issue, you can withhold rent.

Right to withhold rent

In the state of Massachusetts, tenants are allowed to withhold a portion of the rent if the landlord fails to make repairs. To make sure you don’t overstep your rights, you need to have 1 of the following 3 needs to apply:

• Written proof that you’ve informed your landlord about the issue
• The Board of Health has found health code violations after inspecting your house and has informed the landlord about this
• You haven’t caused the damage, and you’ve been diligent in paying your rent on time (this is in cases where the work needed to be done doesn’t require you to move out for the time being of the repairs being done)

The portion you withhold depends on the situation. Generally, you can withhold rent from the date you’ve informed the landlord. For example, if you notified your landlord about a leak on 15th June but they have fixed the issue, you can withhold rent starting from 15th June until the issue is resolved. Keep in mind that you need the withheld amount once the issue has been fixed.

Your landlord has 5 to 14 days after you’ve informed them in writing to fix the issue. If they fail, you can withhold rent (up to 4 months’ worth) to make the repairs yourself. You can do so only if the Board of Health has deemed the issue dangerous to your health and safety.

If you have to take care of the issue yourself, keep the receipts to prove how much you spent. You can also end the lease term early if you decide not to make the repairs, but you have to pay the full rent for the days you’ve lived in the house and move out within a reasonable time.

When does a landlord have to pay for a hotel room for a tenant in Massachusetts?

Your landlord is required to find you a temporary home or book you a hotel room if the necessary repairs make the rental unit uninhabitable and you need to move out while the issue is being fixed.

Other situations in which your landlord has to pay for your hotel room include court rulings, eviction for no-fault reasons (e.g., the landlord has to move in the property), and emergencies like natural disasters.

In the state of Massachusetts, security deposits can’t exceed 1 month's rent. So, if your monthly rent is $2,500, your security deposit will also be $2,500. The security deposit is paid before moving in and will be returned within 30 days of your tenancy's end.

The purpose of the security deposit is to ensure that the landlord can cover missed payments or damages caused by you during your tenancy. To fix the damages with your security deposit, your landlord has to provide you with an itemized list of the repairs needed to be done. If your contract allows it, your landlord can also withhold a portion of the security deposit for property tax payments.

It’s important to note that your landlord has to put your security deposit in an interest-collecting account in a Massachusetts bank. You and your landlord can agree on whether you receive the interest or deduct it from a month’s rent.

A good thing to know is that if the property you’re renting changes owners, your old landlord is required to transfer your security deposit directly to your new landlord.

Aside from a security deposit, your landlord can ask you for 2 other types of pre-payment before you move in:

• The costs required to install a new lock on the door
• The first and last month’s rent

Within 10 days of the start date of your agreement or after you pay the security deposit, the landlord needs to send you a “statement of condition” outlining the condition in which you’re getting the property. You then have 15 days to make any changes to the statement if you want to.

For example, there’s a crack above one of the doors in your new place. The landlord has forgotten to include that in the “statement of condition”. You can add this information to the statement within 15 days of receiving it and send it back for final approval. If you don’t do so, you risk losing your security deposit, as you’ll have no proof that the crack was above the door prior to you moving in.

Rent increase law in Massachusetts

Massachusetts doesn’t have state-mandated rent control laws. This means that your landlord can charge you and increase your rent as much as they see fit. But they are required to give you notice of the increase. The new amount becomes legal only after you’ve both signed a new rental agreement outlining the new rent.

Late rent payment law in Massachusetts

If you fail to pay your rent within 30 days of the due date, your landlord can charge you interest. They can also begin eviction the day after you fail to pay the rent.

So, if you were supposed to pay your rent before 1st October and you were unable to, your landlord can begin the eviction procedure on 1st October. This is why it’s important to always pay your rent on time. If you can’t, be transparent and talk with your landlord.

Massachusetts’ eviction laws outline that a landlord can evict a tenant only after a court has ruled in favor of an eviction. Your landlord can start the eviction proceedings by filing a claim in court, but they need to give you a 14-day or 30-day “Notice to Quit”. Meaning that you have either 2 weeks or a month to comply with what you’re being evicted for.

As a tenant, you have the right to counterclaim in court and present any evidence proving that your landlord is in the wrong.

If the court rules in your landlord’s favor, you can move out until the court-mandated date. Otherwise, you and your belongings can be removed by the authorities.

So there you have them, your renters rights in Massachusetts. Now that you know what you’re entitled to and what you’re responsible for, you can confidently find your new home in Massachusetts. If you’re undecided on which city to choose, check out our guide to the 8 reasons to move to Boston.