Massachusetts Landlord-Tenant Law
Massachusetts limits security deposits to 1 month's rent, and requires its return within 30 days after move-out; entry follows a "No statutory notice period. A lease may permit entry only to inspect, repair or show the unit to a prospective tenant, buyer or mortgagee; the landlord may also enter under court order, if the unit appears abandoned, or in the last 30 days of the tenancy to inspect for deposit damage" standard, and state law bars cities from adopting rent control.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Security deposits in Massachusetts
Maximum deposit
Landlords may collect a security deposit of no more than one month's rent, and up front may charge only first month's rent, last month's rent, that deposit and the cost of a new lock and key (M.G.L. c. 186, § 15B(1)(b)). (M.G.L. c. 186, § 15B(1)(b), (d))
Security deposit up to the first month's rent (plus first and last month's rent and lock/key cost may be collected up front)
- In effect since .
- Before : Same one-month deposit cap; the up-front payment limit applied to the lessor only, not the lessor's agent.
Return deadline
Landlords must return the deposit, with interest and less lawful deductions, within 30 days after a tenancy at will ends or the written lease term ends (M.G.L. c. 186, § 15B(4)). (M.G.L. c. 186, § 15B(4), (6)(e))
Itemized deductions
To deduct for damage, the landlord must give the tenant within 30 days a sworn, itemized list of damages with written evidence of repair costs such as estimates or receipts (M.G.L. c. 186, § 15B(4)(iii)). (M.G.L. c. 186, § 15B(4)(iii), (6)(b))
Interest on deposits
Landlords must hold the deposit in a separate interest-bearing Massachusetts bank account and pay the tenant 5% a year, or the lower rate the bank paid, each year and at the end of the tenancy (M.G.L. c. 186, § 15B(3)). (M.G.L. c. 186, § 15B(2)(a), (3))
Penalty for wrongful withholding
A landlord who fails to escrow the deposit or return it within 30 days owes three times the amount due plus 5% interest, costs and attorney's fees (M.G.L. c. 186, § 15B(6)-(7)). (M.G.L. c. 186, § 15B(6)-(7))
Massachusetts security deposit law and return-deadline calculator
Massachusetts late fees
Late-fee limit
Massachusetts sets no maximum late-fee amount, but no interest or penalty may be charged until rent is 30 days late (M.G.L. c. 186, § 15B(1)(c)). (M.G.L. c. 186, § 15B(1)(c) (timing only; no amount cap))
Grace period
No lease may charge interest or a penalty for late rent until 30 days after the rent was due (M.G.L. c. 186, § 15B(1)(c)). (M.G.L. c. 186, § 15B(1)(c))
Landlord entry in Massachusetts
Massachusetts sets no notice period for entry but restricts its purposes: a lease may allow entry only to inspect, make repairs or show the unit, plus entry under court order, after apparent abandonment, or to assess deposit damage in the last 30 days of the tenancy (M.G.L. c. 186, § 15B(1)(a)). (M.G.L. c. 186, § 15B(1)(a))
Ending a month-to-month tenancy in Massachusetts
Either party can end a Massachusetts tenancy at will with written notice at least as long as the rental period or 30 days, whichever is longer, so a monthly tenancy needs a full rental period's notice ending on a rent day (M.G.L. c. 186, § 12). (M.G.L. c. 186, § 12)
Landlord: 30 days · Tenant: 30 days
Tenancy at will with monthly rent: notice equal to the rental interval or 30 days, whichever is longer, effectively ending on a rent day. Rent payable at intervals of three months or more: three months' written notice. Nonpayment: 14-day notice to quit.
Rent increase notice in Massachusetts
No Massachusetts statute sets a separate rent-increase notice period; for a tenancy at will, raise rent with the same written notice used to end it, the longer of 30 days or one rental period before a rent day (M.G.L. c. 186, § 12). (M.G.L. c. 186, § 12)
Rent control in Massachusetts
Massachusetts has no rent control, and state law bars cities and towns from enacting or enforcing rent control on private housing except under narrow voluntary, compensated terms (M.G.L. c. 40P, §§ 3-4). (M.G.L. c. 40P, § 4, M.G.L. c. 40P, § 3)
Required lease disclosures in Massachusetts
Before signing a lease for pre-1978 housing, give the Tenant Lead Law Notification and certification, any lead inspection report or letter of compliance or interim control, and the federal lead disclosure; if you take a security deposit or last month's rent, give a signed receipt and, for a deposit, a written statement of condition within 10 days (M.G.L. c. 111, § 197A(d); c. 186, § 15B(2)). (M.G.L. c. 111, § 197A, M.G.L. c. 186, § 15B, 40 CFR 745.107)
- Lead-based paint disclosure, lead warning statement and EPA pamphlet (Housing built before 1978 (unless exempt under 40 CFR 745.101)) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
- Tenant Lead Law Notification form and brochure, the most recent lead inspection report, letter of interim control, letter of compliance or abatement plan, and two copies of the tenant certification (Before entering into a tenancy agreement) — M.G.L. c. 111, § 197A(d)
- Signed receipt for a security deposit (amount, date, recipient, landlord's name, description of the premises) and receipt for last month's rent with the interest statement (At the time the deposit or last month's rent is received) — M.G.L. c. 186, § 15B(2)(a)-(b)
- Separate written statement of the present condition of the premises, with the statutory notice to the tenant (When a security deposit is taken: on receipt of the deposit or within 10 days after the tenancy starts, whichever is later) — M.G.L. c. 186, § 15B(2)(c)
Eviction notices in Massachusetts
Unpaid rent
For unpaid rent, serve a written 14-day notice to quit; a tenant at will who has not had such a notice in the past 12 months can stop the termination by paying in full within 10 days (and the notice must say so), and a tenant under a lease can cure by paying all rent, interest and costs by the answer date (M.G.L. c. 186, §§ 11, 12). (M.G.L. c. 186, § 11, M.G.L. c. 186, § 12)
Lease violations
No Massachusetts statute sets a notice period or cure right for lease violations, so the notice to quit follows the lease's own termination clause, and a tenancy at will can be ended without cause by a full rental-period (at least 30-day) notice (M.G.L. c. 186, § 12). (M.G.L. c. 186, § 12, M.G.L. c. 239, § 1, M.G.L. c. 139, § 19)
Massachusetts compared with neighbouring states
| State | Deposit cap | Deposit return | Late fee | Entry notice | Rent control |
|---|---|---|---|---|---|
| Massachusetts | 1 month's rentM.G.L. c. 186, § 15B(1)(b), (d) | 30 days after move-outM.G.L. c. 186, § 15B(4), (6)(e) | No state cap; grace: 30 daysM.G.L. c. 186, § 15B(1)(c) (timing only; no amount cap), M.G.L. c. 186, § 15B(1)(c) | No statutory notice period. A lease may permit entry only to inspect, repair or show the unit to a prospective tenant, buyer or mortgagee; the landlord may also enter under court order, if the unit appears abandoned, or in the last 30 days of the tenancy to inspect for deposit damageM.G.L. c. 186, § 15B(1)(a) | None; cities barred from adopting itM.G.L. c. 40P, § 4, M.G.L. c. 40P, § 3 |
| Connecticut | 2 months' rent (with exceptions) | 21 days after the lease ends | Statutory formula; grace: 9 days | No fixed number of hours | No statewide law; cities may regulate |
| New Hampshire | 1 month's rent (with exceptions) | 30 days after the lease ends | No state cap; grace: no state grace period | No fixed number of hours | No statewide rent control |
| New York | 1 month's rent (with exceptions) | 14 days after move-out | Statutory formula; grace: 5 days | No state rule | No statewide law; cities may regulate |
| Rhode Island | 1 month's rent (with exceptions) | 20 days after the triggering event | No state cap; grace: no state grace period | 48 hours' notice | No statewide rent control |
| Vermont | No state cap | 14 days after move-out | No state cap; grace: no state grace period | 48 hours' notice | No statewide rent control |
Writing a Massachusetts lease
The Massachusetts residential lease agreement page turns these rules into a one-page table and a disclosure checklist. MakeLease generates a customizable lease; add these Massachusetts disclosures and terms.
Create a Massachusetts leaseLandlord-tenant law in other states
- Massachusetts late fee law
- Massachusetts landlord entry notice rules
- Massachusetts rent increase rules
- Massachusetts eviction notice rules