Massachusetts Landlord-Tenant Law: Deposits, Repairs, Eviction

Massachusetts landlord-tenant law regulates rentals from the first dollar collected at move-in through the final court order in an eviction, and it backs many of its rules with triple damages, attorney’s fees, or criminal penalties. The rules that matter most in daily practice cover what a landlord can charge upfront, how security deposits must be handled, what a lease can and cannot require, the landlord’s duty to keep the unit habitable, and the mandatory court process for any eviction. Both sides gain from knowing the specifics, because the penalties for getting them wrong are steep and courts enforce them.

What a Landlord Can Charge at Move-In

State law limits move-in charges to four items: first month’s rent, last month’s rent, a security deposit of no more than one month’s rent, and the cost to purchase and install the unit’s lock and key. Nothing else is allowed. A broker’s fee paid to the landlord, a pet deposit, a cleaning fee, or any other upfront charge violates the statute.¹

When last month’s rent is collected in advance, the tenant earns interest at 5% per year or the actual bank rate, whichever is less. The landlord pays that interest annually or within 30 days after the tenancy ends. Miss the 30-day deadline and the tenant can recover triple the interest owed, plus attorney’s fees.²

Security Deposit Rules

Security deposits generate more disputes than any other part of Massachusetts landlord-tenant law, and the statute has real teeth. A landlord who mishandles the deposit can end up owing three times the amount, plus interest, court costs, and the tenant’s attorney’s fees.

Holding the Deposit

The deposit cannot exceed one month’s rent. It must sit in a separate, interest-bearing bank account in Massachusetts, out of reach of the landlord’s creditors. Within 30 days of receiving it, the landlord must give the tenant a written receipt showing the bank name, account number, and amount. If the landlord skips the separate account or the receipt, the tenant can demand the deposit back immediately.²

Interest runs at 5% per year or the actual bank rate, whichever is less, from the first day of the tenancy, and the landlord must pay it to the tenant annually.¹

Statement of Condition

At the start of the tenancy the landlord provides a written statement describing existing damage. The tenant has 15 days after receiving the statement or 15 days after moving in, whichever is later, to return a signed copy noting any disagreements or additional damage. A tenant who doesn’t return the list within that window may find that a court later treats the landlord’s version as accurate.³ Photograph the unit on move-in day and return the annotated statement quickly.

Returning the Deposit

The landlord has 30 days after the tenancy ends to return the deposit or provide a sworn, itemized list of deductions with written evidence such as estimates or invoices. Deductions are limited to three things: unpaid rent or water charges the tenant did not validly withhold, unpaid tax escalation charges owed under a tax escalation clause, and damage beyond normal wear and tear caused by the tenant or a guest.² A landlord cannot deduct for damage already noted on the statement of condition.

When Triple Damages Apply

The landlord loses the right to keep any part of the deposit, and loses the right to counterclaim for property damage, if the landlord fails to hold the deposit in a separate interest-bearing account, fails to provide the sworn itemized list within 30 days, fails to return the deposit or its balance within 30 days, fails to transfer the deposit to a new owner when the property is sold, or tries to enforce a lease clause that conflicts with the statute. For the bank account failure, the transfer failure, or missing the 30-day return deadline, the tenant recovers three times the deposit, 5% interest from when payment was due, court costs, and reasonable attorney’s fees.² Courts award these damages regularly.

Lease Clauses That Don’t Hold Up

A Massachusetts lease can set the term, rent, due dates, and house rules. It cannot lawfully include:

A late fee when rent is less than 30 days overdue
A requirement that the tenant pay for normal wear and tear
A requirement of professional cleaning at lease end
A requirement that the tenant pay for repairs to common areas or parts of the building outside the unit
Any bar on suing the landlord or reporting sanitary code violations
Any bar on joining a tenants’ union

Clauses waiving the tenant’s right to a habitable home, or trying to override the security deposit statute, are void even if the tenant signed the lease.⁴ Landlords using out-of-state lease templates often import provisions that are unenforceable here and can hurt them in a dispute.

A tenant at will with no written lease holds month to month. Either side can end the arrangement with at least 30 days’ notice or one full rental period, whichever is longer. Rent increases require the same notice.⁴ Massachusetts has no statewide rent control, so there is no cap on the size of an increase as long as the notice is proper and the increase isn’t retaliatory.

Habitability and the Sanitary Code

A landlord may not rent or allow anyone to occupy a unit that fails to meet the State Sanitary Code, and the landlord is responsible for all maintenance and repairs needed to stay in compliance.⁵

Heat

The heating season runs September 15 through May 31. During that period, the heating system must be able to maintain at least 68°F from 7:00 a.m. to 11:00 p.m., and at least 64°F from 11:01 p.m. to 6:59 a.m. It must never push any room above 78°F. Local boards of health can adjust the season slightly, ending no earlier than May 15 or starting no later than September 30.⁶

Structure and Systems

Structural elements must be watertight and free of holes, cracks, and pest entry points. Plumbing, electrical, and gas systems must be properly installed and working, including sinks, toilets, showers, water heaters, and connections to water, sewer, and gas.⁵ Failures in heating, plumbing, or structural integrity count as conditions endangering health and safety, which opens the door to rent withholding and repair-and-deduct.

Rent Withholding and Repair and Deduct

When a landlord ignores serious problems, tenants have two remedies beyond filing a complaint, and both require careful steps.

Rent Withholding

A tenant facing sanitary code violations that endanger health or safety can withhold rent, but only if the landlord or the landlord’s agent knew about the conditions before the tenant fell behind, and only if the tenant did not cause the problem. If the landlord sues for nonpayment, the tenant raises the conditions as a defense or counterclaim, and the court will usually require the tenant to deposit the fair rental value with the clerk during the case. A certified inspection report from the local board of health serves as presumptive proof of the violations, and written notice to the landlord about the inspection creates a presumption that the landlord knew.⁷ Before withholding, notify the landlord in writing, request a board of health inspection, and keep copies.

Repair and Deduct

A tenant can also hire someone to make repairs and deduct the cost. The tenant gives the landlord written notice of the violations. If the landlord fails to begin repairs within five days and substantially complete them within 14 days, the tenant can proceed. The deduction cannot exceed four months’ rent in any 12-month period, based on the highest monthly rent during the tenant’s occupancy or the preceding 12 months. If a board of health has ordered repairs on a shorter timeline, that shorter deadline controls.⁸

Tenant Rights That Shape the Tenancy

Fair Housing

State and federal law prohibit discrimination in renting based on race, color, national origin, gender, gender identity, sexual orientation, disability, ancestry, genetic information, marital status, veteran or active military status, age, familial status (having children), and source of income, including Section 8 vouchers.⁹ Refusing to rent because a tenant plans to pay with a housing voucher is illegal. Complaints go to the Massachusetts Commission Against Discrimination.

Entry and Notice

A landlord can enter to make repairs, inspect, or show the unit to prospective tenants, but must give at least 24 hours’ notice and try to arrange a convenient time. The only exception is a genuine emergency.¹⁰

Quiet Enjoyment

Every tenant has a statutory right to quiet enjoyment. A landlord who shuts off utilities, changes the locks, removes doors or windows, or otherwise tries to force a tenant out without going through the courts faces criminal penalties, including up to six months in jail, and civil liability for actual damages or three months’ rent, whichever is greater, plus attorney’s fees.¹¹

Retaliation

Tenants can report code violations, file complaints, and join tenants’ unions without retaliation. If a landlord raises rent, sends a notice to quit for any reason other than nonpayment, or substantially changes lease terms within six months after the tenant engages in any of these protected activities, the law presumes the action is retaliatory, and the landlord must prove otherwise.¹²

Lead Paint in Pre-1978 Units

Before signing a lease on a unit built before 1978, the landlord must give the prospective tenant two copies of the Tenant Notification and Tenant Certification Form, a copy of any lead inspection or risk assessment report for the unit, and a copy of any Letter of Compliance or Letter of Interim Control. Both parties sign the certification confirming the tenant received the information. Failing to comply exposes the landlord to civil penalties under state law and both civil and criminal penalties under federal law.¹³

When a child under six lives in a pre-1978 unit, the landlord must remove or cover all lead paint hazards. Full deleading requires a licensed inspector, licensed removal work, and a reinspection producing a Letter of Full Compliance. Interim control, obtained through a licensed risk assessor, buys up to two years to complete full deleading. A landlord cannot evict or refuse to rent because of lead paint concerns, and any agreement asking a tenant to accept lead paint conditions is unenforceable.¹⁴

The Eviction Process

Self-help evictions are never lawful in Massachusetts. Only a court order can remove a tenant.

Notice to Quit

The process starts with a written notice to quit. For nonpayment of rent, the notice period is 14 days, or 30 days for tenants in federally assisted housing. For lease violations, the end of a lease term, or no stated reason (for tenants at will), the notice period is 30 days. A notice to quit is only the first step. It does not require the tenant to leave, and only a court can force someone out.¹⁵

Summary Process

If the tenant does not leave or resolve the issue after the notice period, the landlord files a Summary Process action. The filing fee is $135.¹⁶ Either party can request discovery, which automatically postpones trial by two weeks; requests must be served no later than the first Monday after the entry day, are limited to 30 interrogatories or requests for admissions, and get 10 days for a response.¹⁷ At trial, tenants can raise defenses including improper notice, retaliation, sanitary code violations, or discrimination. Housing Courts offer mediation, and many cases settle before a judge rules.

After Judgment

A tenant who loses has 10 days to file an appeal. The appeal fee is $180, with a fee waiver available on an affidavit of indigency. A tenant still in possession must also pay an appeal bond or seek its waiver by showing indigency and a non-frivolous defense. Even with the bond waived, the court will usually order monthly use-and-occupancy payments during the appeal.¹⁸

When no appeal is filed, the court issues an execution, and the landlord has three months to use it. A sheriff or constable must give the tenant at least two days’ written notice, excluding weekends and holidays, before physically removing the tenant and their belongings. A tenant can also request a stay of execution if the eviction is not the tenant’s fault or if the tenant cannot find suitable replacement housing. A stay can last up to six months, or up to one year for elderly or disabled tenants.¹⁵

Where to Bring a Dispute

Housing Courts offer mediation for disputes over repairs, deposits, and rent, which tends to resolve things faster than a full trial and gives both sides input into the outcome. For illegal lease terms or failure to maintain habitable conditions, tenants can file a consumer complaint with the Attorney General’s office.⁴ For money disputes, particularly unreturned security deposits or improper deductions, small claims court is often the fastest path. The triple-damage provision and attorney’s fee shifting in the security deposit statute make the math unfavorable for landlords who didn’t follow the rules.

1
Mass.gov. Security Deposits and Last Month’s Rent
2
General Court of Massachusetts. Massachusetts General Laws Chapter 186, Section 15B
3
General Court of Massachusetts. Massachusetts General Laws Chapter 186, Section 15B
4
Mass.gov. The Attorney General’s Guide to Landlord and Tenant Rights
5
Mass.gov. 105 CMR 410.000 – Minimum Standards of Fitness for Human Habitation
6
Legal Information Institute. 105 CMR 410.180 – Temperature Requirements
7
General Court of Massachusetts. Massachusetts General Laws Chapter 239, Section 8A
8
General Court of Massachusetts. Massachusetts General Laws Chapter 111, Section 127L
9
Mass.gov. Fair Housing Law
10
City of Boston. Top Ten Things Tenants and Landlords Need to Know
11
General Court of Massachusetts. Massachusetts General Laws Chapter 186, Section 14
12
General Court of Massachusetts. Massachusetts General Laws Chapter 186, Section 18
13
Mass.gov. Tenant Lead Law Notification
14
Mass.gov. Learn About Massachusetts Lead Law
15
Mass.gov. Tenants’ Guide to Eviction
16
Mass.gov. Housing Court Filing Fees
17
Mass.gov. Uniform Summary Process Rule 7 – Discovery
18
Mass.gov. Guide for Eviction Appeals to Appellate Division