Massachusetts Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Massachusetts
What are the late fee regulations in Massachusetts?
Massachusetts law requires that late fees can only be charged on rent that is 30 days or more late. The late fee must be reasonably related to the actual costs incurred by the landlord due to the late payment. The lease must specifically state any late fee policy. Late fees cannot be charged unless the tenant receives a written notice of the late fee policy at the beginning of tenancy.
What are the rules for security deposits in Massachusetts?
Massachusetts law limits security deposits to one month's rent. Landlords must provide a detailed receipt and hold deposits in a separate, interest-bearing account in a Massachusetts bank. Landlords must pay 5% interest annually or the actual bank interest rate if lower. Deposits must be returned within 30 days of lease termination, with an itemized list of any deductions. Tenants must receive a statement of condition within 10 days of paying the deposit.
What are the eviction rules and tenant protections in Massachusetts?
Massachusetts requires: 1) 14-day notice for non-payment of rent, 2) 30-day notice for lease violations or no-cause eviction of tenants-at-will. Self-help eviction is illegal. Landlords must obtain a court order through summary process. Tenants have the right to cure non-payment within the notice period. The eviction process must follow strict legal procedures. Special protections exist for elderly or disabled tenants, and victims of domestic violence. Tenants may withhold rent for serious code violations.
What are the maintenance requirements for landlords in Massachusetts?
Massachusetts law requires landlords to maintain: 1) Building structural components, 2) Plumbing, electrical and heating systems, 3) Weather protection and waterproofing, 4) Safe and clean common areas, 5) Pest control, 6) Working smoke detectors and carbon monoxide detectors where required. The State Sanitary Code (105 CMR 410) sets specific maintenance standards. Tenants can withhold rent or use 'repair and deduct' remedies for serious violations after written notice. Local housing codes may impose additional requirements.
What notice is required for landlord entry in Massachusetts?
Massachusetts law requires landlords to give reasonable notice (at least 24 hours) before entering a rental unit, except in emergencies. Entry must be during reasonable hours. The lease should specify notice requirements. Landlords must state the purpose for entry. Tenants cannot unreasonably deny access for legitimate purposes like repairs or showing the unit. Unauthorized entry may constitute harassment and breach of quiet enjoyment rights under M.G.L. c. 186, § 14.
What are the rules for rent increases in Massachusetts?
Massachusetts requires landlords to provide at least 30 days written notice (or one full rental period, whichever is longer) before any rent increase. For tenants-at-will, rent can only be increased with proper notice at the start of a new rental period. For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. Some municipalities like Boston and Cambridge may have additional rent control or stabilization regulations.
What are my rights regarding repairs in Massachusetts?
Massachusetts tenants have strong repair rights: 1) Notify landlord in writing of needed repairs, 2) Give landlord reasonable time to make repairs (typically 14 days), 3) If landlord fails to make repairs, tenants can withhold rent, make repairs and deduct costs from rent (up to 4 months' rent), or contact local health inspector. The State Sanitary Code (105 CMR 410) sets specific standards for repairs. Keep all documentation of repair requests. Severe violations affecting health/safety may allow lease termination.
What are the rules about security deposit deductions in Massachusetts?
Massachusetts landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. They must return deposits within 30 days and provide an itemized list of deductions. Landlords must pay 5% interest annually or actual bank interest if lower. Deposits must be held in a separate Massachusetts bank account. Tenants must receive a detailed receipt and statement of condition. Failure to comply may result in triple damages plus costs and attorney's fees.
What are Massachusetts's requirements for smoke detectors?
Massachusetts law requires working smoke detectors in all rental units. They must be installed on each floor including basements, outside each sleeping area, and inside each bedroom. For buildings built after 1975, smoke alarms must be hardwired with battery backup. Carbon monoxide detectors are required in all dwellings with fossil fuel equipment or attached garages. Landlords must provide a certificate of compliance from the local fire department. Tenants are responsible for testing and battery replacement.
What disclosures are required from Massachusetts landlords?
Massachusetts landlords must disclose: • Lead paint (pre-1978 buildings) with specific MA lead law requirements • Statement of condition • Security deposit terms and bank account information • Heat and utilities arrangements • Property manager/owner contact information • Copy of the State Sanitary Code • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Security system information • Utility cost and consumption data (if separately metered) • Presence of asbestos or other hazardous materials if known • Bed bug infestation history
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
