What Are Landlord Responsibilities in Massachusetts?

Landlord responsibilities in Massachusetts are among the most detailed in the country: you have to keep the unit habitable, provide heat during the heating season, follow strict rules on security deposits and lead paint, respect the tenant’s right to quiet enjoyment, avoid discrimination and retaliation, and go through the courts to evict. Most of these duties come from Chapter 186 of the Massachusetts General Laws and the State Sanitary Code, and lease clauses trying to waive them are void as a matter of public policy.¹ You cannot contract your way out of them.

Keep the Unit Habitable

The State Sanitary Code at 105 CMR 410.000 sets the floor for what a rental has to provide.² That includes a watertight roof, secure and functional windows, stairs with sturdy handrails, and prompt repair of leaks and chronic dampness so mold does not take hold. Local boards of health enforce the code, and each day a violation goes uncorrected after an order counts as a separate offense.

In buildings with three or more units, you are responsible for enough watertight, rodent-proof trash receptacles with tight covers to hold all garbage between pickups, and for arranging regular collection.³ Tenants in single-family homes may share some responsibility for waste; in multi-unit buildings the duty is yours.

Pest control follows a similar split. In multi-unit properties, you must keep the building free of rodents and insects through professional extermination. In a single-family rental the occupant usually handles routine pest control, but if the infestation traces back to a structural defect you failed to fix, the responsibility comes back to you.

Massachusetts has no standalone mold statute, but the Sanitary Code’s rules on dampness, leaks, and ventilation put mold-producing conditions squarely on the landlord.

Provide Heat From September 15 to June 15

The heating season runs from September 15 through June 15. Under 105 CMR 410.180, your heating system has to be capable of holding at least 68°F throughout the unit 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.⁴ If the system fails during the heating season, that is an emergency repair.

Willfully failing to furnish heat when it is required is both a criminal and civil matter under M.G.L. c. 186, § 14. Criminal penalties run from $25 to $300, up to six months in jail, or both. On the civil side, the tenant can recover actual and consequential damages or three months’ rent, whichever is greater, plus attorney fees.⁵

Utilities: What You Can and Cannot Bill

You can only pass water and sewer charges through to a tenant when three conditions are all met: the unit has its own separate water and sewer meter approved by the local department, you are billed directly by the municipality or water district, and the unit has water-conserving fixtures like low-flow showerheads and faucets.⁶ Miss any one of the three and you pay the bill. A lease clause that shifts the cost without meeting all three is unenforceable.

Shutting off utilities to pressure a tenant to leave is illegal under § 14. So is transferring a utility account out of your name without the tenant’s knowledge or consent. The penalty structure mirrors the heat violation, and a willful or knowing violation may also trigger treble damages under Chapter 93A, the state’s consumer protection statute.⁵

Lead Paint in Pre-1978 Units

The Massachusetts Lead Law at M.G.L. c. 111, §§ 189A–199B applies to any residential property built before 1978 where a child under six lives. When that condition is met, you must remove or cover all lead paint hazards. Not knowing the paint was there is not a defense, and a tenant cannot sign a waiver accepting the unit as-is.⁷

If full deleading is not immediately affordable, interim control is a temporary option. A licensed risk assessor identifies the urgent hazards; once those are corrected and approved, you receive a Letter of Interim Control that gives you up to two years to complete full deleading and obtain a Letter of Full Compliance.⁷

Required Disclosures

Before signing any lease for a pre-1978 property, you must give the prospective tenant the Tenant Lead Law Notification/Tenant Certification form. Both parties sign and keep a copy.⁸ You must also disclose any known information about lead in the unit, including locations where lead paint has been found, covered, or encapsulated.

Federal law adds another layer. Under the EPA’s Lead-Based Paint Disclosure Rule, landlords of pre-1978 housing must give prospective tenants the “Protect Your Family From Lead In Your Home” pamphlet, share all available records and reports on lead paint, and include a Lead Warning Statement in the lease. Signed disclosures must be kept for at least three years after the lease begins.⁹ Any renovation or repair that disturbs paint in a pre-1978 rental has to be performed by an EPA lead-safe certified contractor under the Renovation, Repair and Painting rule.¹⁰

Security Deposits: The Statute That Catches Landlords Most

M.G.L. c. 186, § 15B trips up more Massachusetts landlords than any other rule, and the penalties are steep. At the start of a tenancy, you may collect only four things: first month’s rent, last month’s rent at the same rate, a security deposit no greater than the first month’s rent, and the actual cost of a new key and lock.¹¹ Charging anything else at move-in is illegal.

Holding and Documenting the Deposit

The deposit has to go into a separate, interest-bearing account at a Massachusetts bank, held beyond the reach of your creditors. Within 30 days of receiving it, you must give the tenant a receipt showing the bank’s name and location, the account number, and the deposit amount.¹¹

Within 10 days of the tenancy starting, or upon receiving the deposit (whichever is later), you must provide a written statement of the unit’s condition with a detailed list of existing damage. The tenant then has 15 days to note disagreements. Skipping this matters: a court may later treat the tenant’s silence as agreement that your list was accurate.¹¹

Returning the Deposit

You have 30 days after the tenancy ends to return the full deposit plus accrued interest. Deductions are allowed only for unpaid rent, unpaid tax escalation charges the tenant owed, and the reasonable cost of repairing damage the tenant caused beyond normal wear and tear. For any repair deductions, you must provide a sworn, itemized list of damages backed by estimates, invoices, or receipts.¹¹

If you fail to return the deposit properly, fail to itemize deductions, or never placed the funds in a compliant account, the tenant can recover three times the deposit plus 5% interest, court costs, and reasonable attorney fees. Failing to pay interest on time carries a separate treble penalty: three times the interest owed, plus costs and attorney fees.¹¹ Housing Court judges apply these penalties routinely when the paperwork is cut short.

Quiet Enjoyment and Entering the Unit

Every tenant has a right to quiet enjoyment under § 14. You own the building; during the lease term the tenant holds the right to exclusive possession, and you cannot interfere with their ability to live peacefully in the unit.⁵

You may enter to make repairs, inspect conditions, or show the unit to prospective tenants or buyers, but you have to arrange the visit with the tenant in advance.¹² The statute does not fix a specific number of hours of notice, though 24 hours is standard practice. A genuine emergency, like a burst pipe or gas leak, is the exception.

Self-help eviction is flatly illegal. Changing the locks, removing the tenant’s belongings, or shutting off utilities to force someone out can bring criminal penalties of $25 to $300 or up to six months in jail. The civil floor is three months’ rent or actual and consequential damages, whichever is greater, plus attorney fees.⁵

No Retaliation for Tenant Complaints

Under M.G.L. c. 186, § 18, you cannot retaliate against tenants who report code violations, exercise legal rights, or take part in a tenant organization.¹ Retaliation can look like a rent increase, a service reduction, or an eviction attempt. If you serve a notice to quit within six months of a tenant filing a complaint with a housing inspector or joining a tenants’ union, courts presume the action is retaliatory and you carry the burden of proving otherwise. Any waiver in the lease is void.

If you do have a legitimate, non-retaliatory reason for raising rent or ending a tenancy, document it and keep it separate from anything the tenant has complained about.

Fair Housing and Reasonable Accommodations

Federal law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability. Massachusetts law reaches further. The Massachusetts Commission Against Discrimination enforces protections that also cover sexual orientation, gender identity, marital status, age, veteran status, ancestry, genetic information, public assistance status, and pregnancy.¹³

Practically, you cannot refuse to rent because a prospective tenant uses a housing voucher, and you cannot reject a family because the unit has lead paint and they have young children. Discrimination “due to the presence of lead paint” against families with children is specifically prohibited by state law.

Disability Accommodations and Assistance Animals

You must grant reasonable accommodations to tenants with disabilities. That means changing a rule or policy so the tenant can fully use their home: assigning a closer parking spot, allowing a first-floor transfer, or waiving a no-pets policy for an assistance animal. You cannot charge an extra deposit or fee for granting the accommodation.¹⁴

An assistance animal is not a pet under fair housing law. If a tenant has a disability-related need for a service animal or emotional support animal, you must waive pet restrictions and cannot charge a pet deposit or pet fee. You may deny the request only if the specific animal poses a direct threat to safety, would cause significant property damage, or if the accommodation would impose an undue burden on your operations.¹⁴

Evictions Go Through Court

To remove a tenant, you have to follow the summary process in M.G.L. c. 239. It starts with a written notice to quit that gives the tenant a set period to fix the problem or leave. For nonpayment of rent, that is typically a 14-day notice. For a tenancy at will ended without cause, 30 days or a period equal to the rent interval is standard.

If the tenant does not cure or leave, you file a summary process summons and complaint in court. Only after a judge enters a judgment for possession can you obtain an execution. At least 48 hours before levying the execution, the officer must give the tenant written notice specifying the exact date and time of the physical removal.¹⁵ No execution on a dwelling can be served before 9:00 a.m. or after 5:00 p.m., and none on weekends or legal holidays.

Handling Belongings After Eviction

Any personal property left behind must be moved to a licensed public warehouse. You pay the moving costs up front but can seek reimbursement from the tenant. The tenant gets one chance to retrieve items of personal or sentimental value and can reclaim everything by paying the storage fees. If nothing is claimed within six months, the warehouse may sell the property at auction.¹² Putting furniture on the curb or into a dumpster is not legal, even after a court judgment.

Military Tenants and Early Termination

Under the federal Servicemembers Civil Relief Act, an active-duty tenant who receives orders for a permanent change of station or a deployment of 90 days or more can terminate the lease early. The servicemember delivers written notice with a copy of the orders, and the lease ends 30 days after the next rent due date following delivery. You cannot charge an early termination fee, because the SCRA treats this as a contract modification rather than a breach. Holding the deposit or personal property in retaliation for a lawful SCRA termination can expose you to federal civil liability, including damages and attorney fees.

Records and Local Registration

Keep organized records across the tenancy: the signed lease, the security deposit receipt and bank account documentation, the statement of condition, the lead paint notification form, and all repair requests and responses. Federal lead paint disclosures have to be retained for at least three years after the lease begins.⁹

Many Massachusetts cities and towns also require landlords to register rental properties or obtain a local rental license. Requirements vary by municipality, so check with your local building or health department. Failing to register where required can bring fines and may complicate enforcing lease terms or pursuing an eviction in court.

1
General Court of Massachusetts. Massachusetts Code Chapter 186 – Estates for Years and at Will
2
Legal Information Institute. 105 CMR 410.000 – Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II
3
Mass.gov. 105 CMR 410.000 – Minimum Standards of Fitness for Human Habitation
4
Legal Information Institute. 105 CMR 410.180 – Temperature Requirements
5
General Court of Massachusetts. Massachusetts Code Chapter 186 Section 14 – Wrongful Acts of Landlord
6
General Court of Massachusetts. Massachusetts Code Chapter 186 Section 22
7
Mass.gov. Learn About Massachusetts Lead Law
8
Legal Information Institute. 105 CMR 460.725 – Tenant Lead Law Notification and Disclosure
9
US EPA. Real Estate Disclosures About Potential Lead Hazards
10
US EPA. Lead Renovation, Repair and Painting Program
11
General Court of Massachusetts. Massachusetts General Laws Chapter 186 Section 15B
12
Mass.gov. The Attorney General’s Guide to Landlord and Tenant Rights
13
Mass.gov. Overview of Anti-Discrimination Laws Enforced by the MCAD
14
U.S. Department of Housing and Urban Development. Assistance Animals
15
General Court of Massachusetts. Massachusetts Code Chapter 239 Section 3