Massachusetts Landlord and Tenant Rights: What You Need to Know

At Skyline Realty, we’re committed to helping landlords and tenants navigate their rights and responsibilities in Massachusetts’ rental market. Understanding lease agreements, eviction procedures, and the obligations of both parties can help ensure a smooth and hassle-free rental experience. Here’s an overview of essential landlord and tenant rights based on the Massachusetts Attorney General’s Guide.

Disclaimer:

This information is for general guidance only and does not constitute legal advice. Laws and regulations change, and this content may not reflect the latest updates. For specific legal concerns, consult a qualified attorney specializing in Massachusetts landlord-tenant law.

Types of Tenancy in Massachusetts

Rental agreements in Massachusetts typically fall into two main categories: lease agreements and tenancy-at-will.

Lease Agreements

A lease establishes a fixed rental term, often for a year. Rent remains consistent throughout the lease period, and eviction can only occur under specific conditions outlined in the lease. While tenants are committed to the lease term, they may be able to negotiate an early termination with the landlord.

Tenancy-at-Will

This flexible arrangement allows tenants to rent without a set end date. Either party can terminate the agreement with proper notice, usually 30 days in advance. While this provides flexibility, it may not offer the same security as a lease.

Landlord and Tenant Responsibilities

Regardless of the tenancy type, both landlords and tenants have key responsibilities:

Landlord Responsibilities:

Provide a safe and habitable living space that meets Massachusetts State Sanitary Code standards.
Maintain the property and handle necessary repairs.
Adhere to the terms of the rental agreement.

Tenant Responsibilities:

Pay rent on time and in full.
Keep the apartment clean and avoid damage beyond normal wear and tear.
Promptly inform the landlord or managing agent of any damages or matters requiring repair, and allow access for maintenance.
Permit showings if the unit is listed for rent.
Tenants may not change the property’s locks or keys without the landlord’s permission. If the locks are replaced, tenants must provide a working set of keys to both the owner and the managing agent.

Rental Agreements in Massachusetts

Rental agreements must include key details to ensure transparency and fairness.

Required Information:

Landlord’s name, address, and contact details.
Contact information for the property manager, if applicable.
Security deposit amount and tenant rights regarding it.
Terms covering rent, maintenance responsibilities, and any additional charges.

Prohibited Terms:

Tenants cannot be charged for damages considered normal wear and tear.
The agreement cannot prohibit tenants from pursuing legal action.
Late fees can only be applied to payments more than 30 days overdue, following state regulations.

Security Deposits and Payments

Massachusetts law limits the upfront costs a landlord can charge, including the security deposit and last month’s rent. Security deposits must be held in a Massachusetts bank account that earns interest, and landlords must return the deposit, along with interest, within 30 days of the tenancy ending.

When moving into a new apartment, tenants should submit an apartment condition statement within 15 days of taking possession. This document records existing damage and protects tenants from being held responsible for pre-existing issues.

The Eviction Process in Massachusetts

Eviction is a legal process that must follow strict guidelines:

Notice to Quit

A landlord must serve a Notice to Quit to officially end a tenancy. The required notice period typically ranges from 14 to 30 days, depending on the reason for eviction.

Summary Process (Eviction Court)

If the tenant does not vacate, the landlord must file an eviction complaint in court. Tenants have the right to contest the eviction, including raising defenses such as retaliation, discrimination, or failure to make required repairs.

Enforcement

If the court rules in favor of the landlord, a sheriff or constable will issue a final judgment. This may include removing the tenant’s belongings and placing them in storage at the landlord’s expense.

Tenant Protections and Housing Standards

Massachusetts has strict housing regulations under the State Sanitary Code to ensure apartments remain habitable. Landlords are responsible for meeting these standards, and tenants can request an inspection if they believe their unit is unsafe or unsanitary.

For properties built before 1978, landlords must also comply with lead paint regulations, including providing tenants with lead hazard information.

If a rental unit does not meet sanitary standards, tenants can contact the local health department for an inspection. If the landlord fails to address violations, tenants may be able to withhold rent or even terminate the lease.

How Skyline Realty Can Help

At Skyline Realty, we assist both landlords and tenants in understanding their rights under Massachusetts law. Whether you’re a landlord needing guidance on leases, security deposits, and eviction procedures, or a tenant ensuring your home meets safety standards, we’re here to help.

If you have specific legal concerns, we encourage you to seek advice from an attorney to ensure your rights and obligations are fully protected. Skyline Realty is committed to providing resources and support, helping you navigate Massachusetts’ rental laws with confidence.