How much can a Massachusetts landlord charge for a security deposit?

One month's rent, and no more. M.G.L. c. 186, section 15B(1)(b)(iii) permits a security deposit equal to the first month's rent, and only on condition that the deposit is held as subsection (3) requires and the tenant is given the statement of condition subsection (2) requires. There is no furnished-apartment uplift in the current statute. The deposit is one item on a closed list of four payments a landlord may require at or before the start of a tenancy.

What can a Massachusetts landlord charge at move-in?

Only four things, under M.G.L. c. 186, section 15B(1)(b): rent for the first full month, rent for the last full month at the same rate, a security deposit not exceeding the first month's rent, and the purchase and installation cost for a key and lock. There is no lawful application fee, pet fee, cleaning fee, administrative fee, move-in fee or holding fee at move-in. Since August 1, 2025 the ceiling binds the lessor or an agent of the lessor, and covers payments made to the lessor or to an agent.

Where must a Massachusetts security deposit be held?

In a separate, interest-bearing account in a bank located within the Commonwealth, on terms that place the money beyond the claims of the landlord's creditors and provide for transfer to a subsequent owner. M.G.L. c. 186, section 15B(3)(a) also requires a receipt within thirty days giving the name and location of the bank, the amount, and the account number. Failure entitles the tenant to immediate return of the deposit, and is one of the three failures that carry treble damages.

How long does a Massachusetts landlord have to return the security deposit?

Thirty days after the end of the tenancy, under M.G.L. c. 186, section 15B(4). Only unpaid rent or water charges, an unpaid tax increase under a conforming escalator clause, and a reasonable amount to repair tenant-caused damage beyond reasonable wear and tear may be deducted - and for damage the landlord must supply, within the same thirty days, an itemized list sworn under the pains and penalties of perjury with written evidence of the cost.

When does a Massachusetts landlord owe treble damages on a security deposit?

Under M.G.L. c. 186, section 15B(7), for a failure under clause (a), (d) or (e) of section 15B(6): failing to deposit the funds in a proper account, failing to transfer the deposit to a successor in interest, or failing to return the deposit or balance with interest within thirty days. The award is three times the deposit or balance, plus interest at five per cent from the date payment became due, plus court costs and reasonable attorney's fees. The other two failures in section 15B(6) - a late itemized list, and using a conflicting lease clause - forfeit the deposit without automatically trebling.

Does a Massachusetts landlord have to pay interest on the security deposit?

Yes, where the deposit is held for one year or longer. M.G.L. c. 186, section 15B(3)(b) requires five per cent per year, or the lesser amount actually received from the bank, running from the first day of the tenancy and payable at the end of each year with a statement naming the bank, the amount, the account number and the interest. Last month's rent carries a separate five per cent interest duty from day one under section 15B(2)(a), and failing to pay that interest within thirty days of termination costs three times the interest plus costs and fees.

What is the Massachusetts statement of condition?

A separate written statement of the present condition of the premises that M.G.L. c. 186, section 15B(2)(c) requires the landlord to give the tenant on receipt of the security deposit or within ten days after the tenancy begins, whichever is later. It must list existing damage comprehensively and carry a prescribed notice in twelve-point bold-face type at the top of the first page. The tenant has fifteen days to return it or attach a corrected list, and the landlord fifteen days to agree or disagree in writing. Nothing recorded on it may later be deducted from the deposit.

How much notice must a Massachusetts landlord give before entering?

Massachusetts sets no hour count at all. There is no twenty-four-hour rule and no forty-eight-hour rule in the General Laws. M.G.L. c. 186, section 15B(1)(a) instead restricts the purposes for which a lease may permit entry - inspection, repairs, and showing the unit to a prospective tenant, purchaser, mortgagee or its agents - plus a court order, apparent abandonment, and a deposit-damage inspection in the last thirty days of the tenancy. 940 CMR 3.17(6)(e) mirrors that closed list as a consumer-protection duty.

When is rent late in Massachusetts, and what late fee is allowed?

No interest and no penalty may be imposed until the rent is thirty days overdue. M.G.L. c. 186, section 15B(1)(c) says no lease may impose any interest or penalty for failure to pay rent until thirty days after it was due, and 940 CMR 3.17(6)(a) makes charging one earlier an unfair or deceptive practice under c. 93A. Massachusetts does not cap the size of a late fee; it delays it.

How much notice ends a Massachusetts tenancy at will?

Three months' written notice, under M.G.L. c. 186, section 12 - reduced, where the rent is payable at periods of less than three months, to a period equal to the interval between the days of payment or thirty days, whichever is longer. For an ordinary monthly tenancy that is a full rental period, so in a thirty-one-day month it is thirty-one days rather than thirty. The notice may include an offer of a new tenancy on different terms without losing its validity.

What is the Massachusetts fourteen-day notice to quit?

The nonpayment notice. Under M.G.L. c. 186, section 11, fourteen days' written notice determines a written lease unless the tenant pays all rent then due with interest and costs on or before the day the answer is due in the eviction case. Under section 12, fourteen days' notice determines a tenancy at will, but a tenant who has had no similar notice in the preceding twelve months may cure within ten days of receipt - and the notice must contain the prescribed statutory notification about that right, failing which the cure period extends to the answer date.

Can a Massachusetts tenant repair and deduct?

Yes, up to four months' rent in any twelve-month period, under M.G.L. c. 111, section 127L. The right unlocks only where a board of health, local code enforcement agency or court has certified violations that may endanger or materially impair health, safety or well-being, the owner has been notified in writing, and the owner has failed to begin repairs within five days and substantially complete them within fourteen. The tenant may instead treat the agreement as abrogated, pay only the fair value of use and occupation, and vacate within a reasonable time.

Is interfering with quiet enjoyment a crime in Massachusetts?

Yes. M.G.L. c. 186, section 14 punishes a landlord who wilfully cuts off a required utility or service, transfers a utility bill without consent, directly or indirectly interferes with quiet enjoyment, or attempts to regain possession by force without judicial process, by a fine of not less than twenty-five nor more than three hundred dollars or imprisonment for not more than six months. The same landlord is civilly liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and a reasonable attorney's fee. Any waiver in a lease is void.

Does Massachusetts presume retaliation?

Yes. M.G.L. c. 186, section 18 and M.G.L. c. 239, section 2A create a rebuttable presumption of reprisal where a notice of termination other than for nonpayment, a rent increase, or any substantial alteration in the terms of the tenancy arrives within six months of protected activity - which includes complaining in writing to the landlord and joining a tenants' union. It is rebutted only by clear and convincing evidence of sufficient independent justification. Damages are not less than one nor more than three months' rent, or actual damages, whichever is greater.

Must a Massachusetts tenant receive a copy of the lease?

Yes, within thirty days. 940 CMR 3.17(3)(c) makes it an unfair and deceptive practice for an owner to fail to give the tenant an executed copy of any written rental agreement within thirty days of obtaining the tenant's signature on it. Separately, M.G.L. c. 186, section 15D requires a lessor who agreed orally to execute a lease and obtained the lessee's signature to deliver a signed copy within thirty days, on pain of a fine of not more than three hundred dollars, and voids any waiver.

What lead disclosure does Massachusetts require?

Two, not one. M.G.L. c. 111, section 197A(d) requires the owner, before entering into a tenancy agreement, to give the prospective tenant the Tenant Lead Law Notification form and materials, a copy of the most recent lead paint inspection report, letter of interim control, letter of compliance or abatement plan, and two copies of a certification statement. Failure means all damages caused plus a penalty of up to one thousand dollars and an unfair and deceptive act under c. 93A. The federal lead-based paint disclosure applies on top of it for any dwelling built before 1978.

Can a Massachusetts landlord bill the tenant for water?

Only under M.G.L. c. 186, section 22, and the conditions are cumulative: submeters for every unit and the common areas installed by a licensed plumber at the landlord's expense, water conservation devices throughout, certification to the board of health under the penalties of perjury, eligibility arising only at the commencement of a new tenancy, and a signed written rental agreement that clearly provides for the charge and discloses the billing arrangement. Section 22(j) forbids any servicing, administrative, meter-reading, meter-testing or billing fee whatsoever.

Can a Massachusetts lease make the tenant pay the landlord's attorney fees?

It can, but the law makes it reciprocal. M.G.L. c. 186, section 20 implies into any residential lease giving the landlord fees a covenant by the landlord to pay the tenant's reasonable attorneys' fees and expenses incurred because the landlord failed to perform, or in the successful defence of any action or summary proceeding the landlord brought - and any waiver of the section is void as against public policy. A one-way Massachusetts fee clause does not exist.

Does Massachusetts have rent control or a rent-increase notice period?

No to both. M.G.L. c. 40P, the Massachusetts Rent Control Prohibition Act, bars a city or town from enacting, maintaining or enforcing rent control except on the narrow terms section 4 allows. There is no statute setting a rent-increase notice period. Under a fixed term the rent cannot change during the term; on a tenancy at will the rent is changed by a section 12 notice terminating the tenancy with an offer of new terms, which that section expressly permits.

Does a Massachusetts lease need to be notarized?

No. Massachusetts requires no subscribing witnesses and no notary for an ordinary residential lease. What it does require is delivery of an executed copy to the tenant within thirty days under 940 CMR 3.17(3)(c), and - where a deposit is taken - the statement of condition within ten days and the bank receipt within thirty.

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Free Massachusetts Residential Lease Agreement

Massachusetts residential lease agreement walk-through

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A configurable Massachusetts residential lease agreement that generates a signable multi-page PDF. Built to M.G.L. c. 186, §15B — the closed list of move-in payments, the in-state bank account, the ten-day statement of condition and the treble damages that follow a slip.

Massachusetts M.G.L. c. 186 §15B Treble Damages Free PDF 2026 Edition

Updated Q3 2026 By Tenant Screening Background Check Editorial Team Scope Massachusetts ~18 min read

A Massachusetts residential lease agreement is the written contract governed chiefly by Massachusetts General Laws chapter 186, and above all by §15B — the security deposit section that Massachusetts courts apply with something very close to strict liability and that carries treble damages plus court costs and reasonable attorney’s fees. Massachusetts is the state where a generic multi-state template is not merely inaccurate but actively dangerous, because §15B(6)(c) makes using a lease clause that conflicts with the section, and attempting to enforce it, a forfeiture event in its own right. The clause is the violation. On top of chapter 186 sit the lead law in chapter 111, summary process in chapter 239, and the Attorney General’s rental regulation at 940 CMR 3.17, made under the consumer protection act, chapter 93A — which is where two of the load-bearing duties actually live. This page states each rule from the codified text and generates a lease that matches it.

Massachusetts Lease Rules at a Glance

Security Deposit Cap

1 Month

Deposit Return

30 Days

Entry Notice

No Statute

Late Fee Allowed After

30 Days

The Massachusetts rule almost no template carries: §15B(1)(b) is a closed list. At or before the start of a tenancy a landlord may require only the first month’s rent, the last month’s rent at the same rate, a security deposit not exceeding the first month’s rent, and the purchase and installation cost for a key and lock. Nothing else — and since August 1, 2025 the ceiling binds the landlord’s agent as well, and covers payments made to an agent. Other deadlines that matter: statement of condition in 10 days, bank receipt in 30, deposit back in 30, tenancy-at-will cure in 10, nonpayment notice 14.

Four Massachusetts Rules That Cost Landlords Real Money

First, the money is not the landlord’s and cannot sit in the landlord’s account. M.G.L. c. 186, §15B(3)(a) requires a separate, interest-bearing account in a bank located within the Commonwealth, and a receipt within thirty days naming the bank, its location, the amount and the account number. Second, only three of the five deposit failures treble. §15B(6) lists five; §15B(7) trebles for clauses (a), (d) and (e) — the wrong account, the un-transferred deposit on a sale, and the late return. Third, the statement of condition is due within ten days, in twelve-point bold-face type, and §15B(4) then bars any deduction for anything written on it. Fourth, there is no early late fee: §15B(1)(c) forbids any interest or penalty on unpaid rent until the payment is thirty days overdue, and 940 CMR 3.17(6)(a) makes charging one earlier an unfair or deceptive practice under chapter 93A.

How to Fill Out This Massachusetts Lease Agreement

The Seven-Step Massachusetts Sequence

1. Name the owner, the repair contact and the agent for service

940 CMR 3.17(3)(b) makes it an unfair or deceptive practice under chapter 93A to enter into a written rental agreement that does not state, fully and conspicuously and in plain language, the names, addresses and telephone numbers of the owner and of anyone else responsible for the care, maintenance and repair of the property, and the name, address and telephone number of the person authorised to receive notices of violations of law and to accept service of process.

2. Describe the premises and the building

Address, county, property type and year built. A pre-1978 building triggers both the Massachusetts Tenant Lead Law Notification under c. 111, §197A(d) and the federal lead-based paint disclosure. Owner-occupied two- and three-family dwellings are the only properties exempted from the written-notice duty in c. 186, §19, so the property type genuinely changes the document.

3. Choose the tenancy, because the exit rules differ

A fixed term ends on its own date. A tenancy at will is determined under c. 186, §12 by three months’ written notice, reduced where rent is payable more often to the rent interval or thirty days, whichever is longer. The two tenancies also carry different nonpayment cure rights, which is the single most misreported point in Massachusetts coverage.

4. Enter only the four lawful move-in payments

The form deliberately gives you four fields and no more: first month’s rent, last month’s rent at the same rate, a security deposit that cannot exceed the first month’s rent, and the purchase and installation cost for a key and lock. If your current lease has a fifth line, that line is the problem.

5. Name the bank, its location and the account number

Those three data points are what §15B(3)(a) requires on the thirty-day receipt, and they are the difference between a compliant deposit and one the tenant can demand back immediately. Writing them into the lease itself is the simplest way to prove the receipt was given.

6. Diary the statement of condition and check the disclosures

The statement of condition is due on receipt of the deposit or within ten days of the start of the tenancy, whichever is later. The disclosure block covers the deposit receipts, the owner identification, the lease-copy duty, both lead notifications, the fire insurance duty, and the water and tax-escalator clauses where they apply.

7. Generate, sign, and deliver the executed copy

Download the multi-page PDF and sign. No witnesses and no notary are required. But 940 CMR 3.17(3)(c) requires the landlord to give the tenant an executed copy within thirty days of obtaining the tenant’s signature, and c. 186, §15D backs the same duty with a fine where the lease was agreed orally first.

Build Your Massachusetts Residential Lease Agreement

Complete the fields below to generate a Massachusetts residential lease agreement as a signable multi-page PDF. Every field you fill is written into the document, including the bank details, the statement-of-condition date and each disclosure you check, and the generated lease cites the controlling Massachusetts section at each point. Before handing over keys, run proper tenant screening. Pair the signed lease with a Massachusetts move-in / move-out checklist, because in Massachusetts the written record of move-in condition is what §15B(4) tests every later deduction against.

Massachusetts Residential Lease Agreement Builder

1. Parties

The Attorney General’s rental regulation, 940 CMR 3.17(3)(b), makes it an unfair or deceptive practice under c.93A to enter into a written rental agreement that does not name the owner, anyone responsible for care, maintenance and repair, and the person authorised to accept service of process. All three fields below are written into the generated lease.

Landlord (owner) full legal name

Landlord phone

Landlord address for notices

Person responsible for care, maintenance and repair — name, address, phone

That person’s address and telephone

Person authorised to receive notices of violations of law and accept service of process