Massachusetts Residential Lease Agreement

Important Information for Massachusetts Landlords

Massachusetts Rental Law Highlights

Security Deposits (M.G.L. c. 186, § 15B)

• Maximum Amount: Cannot exceed first month’s rent
• Separate Account Required: Must be held in separate, interest-bearing account in Massachusetts bank
• Receipt Required: Must provide written receipt within 30 days
• Statement of Condition: Must provide condition statement within 10 days of move-in
• Interest: Must pay 5% interest annually or actual interest earned (whichever is less)
• Return Timeline: 30 days after tenant moves out
• Itemized Statement: Must provide detailed list of deductions with estimates/receipts
• Penalties: Failure to comply can result in triple damages plus attorney fees

Last Month’s Rent (M.G.L. c. 186, § 15B)

• Allowed: Can collect last month’s rent in addition to security deposit
• Separate Account: Must be held in separate interest-bearing account
• Interest Required: Same as security deposit (5% or actual interest)
• Receipt Required: Written receipt must be provided

Other Allowable Deposits

• Key Deposit: Actual cost of key only
• Lock Change: Actual cost of changing locks (if requested by tenant)
• Pet Deposit: No specific statute; generally allowed if reasonable

Rent and Rent Increases

• No Rent Control: Prohibited since 1994 (except existing Cambridge tenancies)
• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically 5% of monthly rent or less
• Notice for Increase: 30 days for month-to-month; cannot increase during fixed term
• Rent Payment: Cannot require automatic payments; must accept checks

Required Disclosures

• Lead paint disclosure and pamphlet (pre-1978 properties) – Federal and state requirement
• Statement of Condition form within 10 days of occupancy
• Security deposit receipt and bank information
• Last month’s rent receipt (if collected)
• Property manager or owner’s name and address
• Fire safety and emergency egress information
• Smoke and carbon monoxide detector locations
• Bedbug disclosure (if known infestation in past year)
• Previously foreclosed property disclosure (if applicable)

Eviction and Termination (M.G.L. c. 186, § 11-12)

• 14-Day Notice: For nonpayment of rent (no cure period in MA)
• 30-Day Notice: For lease violations (tenant may cure within 10 days)
• 30-Day Notice: To terminate month-to-month tenancy (either party)
• 14-Day Notice: For tenancy at will termination
• Court Process Required: Summary process (eviction) requires court filing
• No Self-Help: Lockouts and utility shutoffs are illegal
• Winter Moratorium: Restrictions on evictions Nov 15 – March 31

Landlord Obligations (State Sanitary Code 105 CMR 410)

• Habitability: Must maintain premises in habitable condition
• Heat: Must provide heat (68°F day, 64°F night, Sept 16 – June 14)
• Hot Water: 110-130°F at all times
• Utilities: Working electricity, gas, water, and sewer
• Structural Integrity: Weathertight, rodent-proof, good repair
• Smoke Detectors: Required in every bedroom and common area
• Carbon Monoxide Detectors: Required within 10 feet of bedrooms
• Lead Paint: Must delead or make safe (properties built before 1978 with children under 6)
• Pest Control: Landlord responsibility unless caused by tenant
• Snow/Ice: Must remove snow and ice from walkways and stairs

Entry Requirements (M.G.L. c. 186, § 15B(1)(a))

• Notice Required: No specific statute, but must give reasonable notice
• Reasonable Notice: Generally 24-48 hours
• Reasonable Hours: During normal business hours
• Emergency Exception: May enter without notice in emergency
• Showing Property: Must give reasonable notice to show to buyers/tenants

Tenant Rights and Protections

• Repair and Deduct: May repair and deduct after proper notice (M.G.L. c. 111, § 127L)
• Rent Escrow: May pay rent into court escrow for repairs
• Retaliation: Illegal to retaliate against tenant complaints (M.G.L. c. 186, § 18)
• Quiet Enjoyment: Right to peaceful possession (M.G.L. c. 186, § 14)
• Privacy Rights: Right to reasonable notice before entry
• Security Deposit Protection: Triple damages for improper handling
• Lead Paint: Special protections for families with children
• Domestic Violence: Early termination rights for victims
• Military Service: SCRA protections for active duty members

Massachusetts-Specific Considerations

Lead Paint Requirements (M.G.L. c. 111, § 190-199B)

• If property built before 1978 and child under 6 will live there, must delead or make lead-safe
• Must provide lead paint disclosure and EPA pamphlet before lease signing
• Must have property inspected and provide letter of compliance or interim control
• Tenant may request lead inspection
• Significant penalties for non-compliance

Heating Requirements (State Sanitary Code)

• Must provide adequate heat September 16 through June 14
• Daytime (7 AM – 11 PM): 68°F minimum
• Nighttime (11 PM – 7 AM): 64°F minimum
• Must maintain heating system in good working order
• Tenant cannot be charged separately for heat unless disclosed and metered

Smoke and CO Detector Requirements

• Smoke detectors required in every bedroom and habitable level
• CO detectors required within 10 feet of bedrooms
• Landlord must install and maintain
• Must test before each tenancy and provide written statement
• Tenant must maintain batteries and notify landlord of defects

Statement of Condition (M.G.L. c. 186, § 15B)

• Must provide within 10 days of occupancy
• Tenant has 15 days to return with changes
• Must document existing damage to avoid security deposit disputes
• Failure to provide may result in landlord losing right to deduct damages

Winter Eviction Restrictions

• Additional protections from November 15 to March 31
• Courts may delay eviction for families with children or elderly
• Heat must be maintained even if tenant behind on rent

Fair Housing Requirements

Best Practices for Massachusetts Landlords

• Use written leases for all tenancies
• Open separate, interest-bearing accounts for security deposits
• Provide all required receipts within 30 days of receiving deposits
• Provide Statement of Condition form within 10 days
• Return security deposits within 30 days with itemization
• Pay annual interest on deposits (5% or actual)
• Give reasonable notice (24-48 hours) before entry
• Maintain heating system and provide adequate heat
• Install and maintain smoke and CO detectors
• Address lead paint issues for properties with children under 6
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Never use self-help eviction methods
• Follow proper court procedures for evictions
• Maintain property to State Sanitary Code standards
• Consider landlord insurance with loss of rent coverage

Resources

• Massachusetts General Laws (M.G.L.) – Chapter 186 (Landlord-Tenant)
• State Sanitary Code – 105 CMR 410
• Attorney General’s Office – Consumer Advocacy Division
• MassLandlords (landlord association)
• Massachusetts Trial Court Law Libraries
• Local housing courts
• Greater Boston Legal Services (for tenant information)