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Massachusetts landlord-tenant law.

Updated August 2026. Local rent control has been banned statewide since 1994 (M.G.L. c. 40P). Boston and other cities have proposed home rule petitions for local rent stabilization in recent sessions, but none had been enacted as of 2026.

Deposit limit

1 month's rent maximum for an unfurnished unit, plus an allowance for furnishings if furnished (M.G.L. c. 186 § 15B)

Deposit return

Must be returned within 30 days after tenancy ends, with interest if held a year or more; deductions require a sworn itemized list of damages within the same 30 days or the landlord forfeits the right to keep any of it, and violations can lead to triple damages plus attorney's fees (M.G.L. c. 186 § 15B)

Notice to pay

14 days' written notice to quit for nonpayment, with the tenant able to cure by paying all rent due plus interest and costs before the court answer date; since April 2023 the notice must be accompanied by the state's official Form to Accompany Residential Notice to Quit (M.G.L. c. 186 §§ 11 and 31)

Landlord entry

State law sets no fixed advance notice period for routine entry, only that entry be for a permitted purpose such as repairs or showings with reasonable notice, or emergencies (M.G.L. c. 186 § 15B(1)(a)); the State Sanitary Code separately requires 48 hours notice for non-emergency code compliance inspections (105 CMR 410.003(E)), and 24 hours is the common practice standard used in most leases

Security deposits

Deposit limit. 1 month's rent maximum for an unfurnished unit, plus an allowance for furnishings if furnished (M.G.L. c. 186 § 15B)

Getting it back. Must be returned within 30 days after tenancy ends, with interest if held a year or more; deductions require a sworn itemized list of damages within the same 30 days or the landlord forfeits the right to keep any of it, and violations can lead to triple damages plus attorney's fees (M.G.L. c. 186 § 15B)

Late fees and rent

No dollar or percentage cap in the statute, but no late fee, interest, or penalty of any kind may be charged until rent is at least 30 days overdue, a mandatory grace period that cannot be shortened by the lease (M.G.L. c. 186 § 15B(1)(c)); courts have generally treated fees around 4 to 5 percent of monthly rent as reasonable

Ending a tenancy

Nonpayment of rent. 14 days' written notice to quit for nonpayment, with the tenant able to cure by paying all rent due plus interest and costs before the court answer date; since April 2023 the notice must be accompanied by the state's official Form to Accompany Residential Notice to Quit (M.G.L. c. 186 §§ 11 and 31)

Month-to-month termination. Tenancy at will requires notice equal to one full rental period or 30 days, whichever is longer, and the termination date must fall on a rent day (M.G.L. c. 186 § 12)

Landlord entry

State law sets no fixed advance notice period for routine entry, only that entry be for a permitted purpose such as repairs or showings with reasonable notice, or emergencies (M.G.L. c. 186 § 15B(1)(a)); the State Sanitary Code separately requires 48 hours notice for non-emergency code compliance inspections (105 CMR 410.003(E)), and 24 hours is the common practice standard used in most leases

Required disclosures

  • Federal lead paint disclosure for housing built before 1978 (42 U.S.C. 4852d; 24 CFR Part 35; 40 CFR Part 745)
  • Signed statement of condition of the premises, given when the deposit is collected or within 10 days of tenancy start, whichever is later (M.G.L. c. 186 § 15B(2)(c))
  • Name and address of the fire insurance carrier and coverage amount for the building (M.G.L. c. 186 § 21)
  • Disclosure of how costs are allocated if utilities are shared or submetered (M.G.L. c. 186 § 22)

Lease clauses that do not hold up

  • Exculpatory clauses that waive or limit landlord liability for negligence in the unit or common areas, void as against public policy (M.G.L. c. 186 § 15)
  • Waiver of the tenant's right to a jury trial, or a clause stating landlord inaction cannot amount to constructive eviction, void (M.G.L. c. 186 § 15)
  • Confession of judgment or waiver of service of process clauses, void (M.G.L. c. 231 § 13A)

Notes for landlords

Massachusetts ties deposit handling to strict formalities, a statement of condition, a separate interest bearing account, and (if held a year or more) annual interest payments, and missing any of them commonly costs landlords the right to keep the deposit at all. Eviction filings for nonpayment now require pairing the 14 day notice with a state-issued form, a frequent paperwork trap.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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