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    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.

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    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))

    5% a year or the lesser rate the bank actually paid, paid each year of the tenancy (deposit held one year or more) and accrued interest within 30 days of termination; deposit must be in a separate interest-bearing Massachusetts bank account. Last month's rent paid in advance also earns 5% interest.

    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))

    Standard: 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

    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)

    No statewide rent control; no city or town may enact, maintain or enforce rent control of any kind, except a purely voluntary, owner-compensated scheme limited to owners of ten or more units with fair market rents of $400 or less (M.G.L. c. 40P, § 4). Publicly owned, subsidized and federally assisted housing and mobile homes are outside the definition (§ 3(c)).

    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)

    Notice: 14-day notice to quit for nonpayment of rent (14 days)

    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

    Massachusetts and its neighbours on five headline rules
    StateDeposit capDeposit returnLate feeEntry noticeRent control
    Massachusetts1 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
    Connecticut2 months' rent (with exceptions)21 days after the lease endsStatutory formula; grace: 9 daysNo fixed number of hoursNo statewide law; cities may regulate
    New Hampshire1 month's rent (with exceptions)30 days after the lease endsNo state cap; grace: no state grace periodNo fixed number of hoursNo statewide rent control
    New York1 month's rent (with exceptions)14 days after move-outStatutory formula; grace: 5 daysNo state ruleNo statewide law; cities may regulate
    Rhode Island1 month's rent (with exceptions)20 days after the triggering eventNo state cap; grace: no state grace period48 hours' noticeNo statewide rent control
    VermontNo state cap14 days after move-outNo state cap; grace: no state grace period48 hours' noticeNo 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 lease

    Landlord-tenant law in other states

    Free Massachusetts landlord forms

    Official Massachusetts sources

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