Massachusetts Landlord-Tenant Law

Understanding Massachusetts Landlord-Tenant Law

Massachusetts has specific laws governing landlord-tenant relationships, ensuring the rights and responsibilities of both parties are well defined. Whether you’re a landlord or tenant, understanding these regulations is crucial to maintaining a fair and legal rental agreement.

Landlord-Tenant Rights & Responsibilities

Tenant Rights in Massachusetts

• Right to a habitable living space

• Protection from unlawful eviction

• Right to privacy (landlords must provide proper notice before entering the unit)

• Protection against discrimination under Massachusetts fair housing laws

• Right to recover security deposits and interest (if applicable)

Landlord Responsibilities

• Maintain a safe and habitable rental property

• Provide proper notice before increasing rent or making significant lease changes

• Follow legal eviction procedures

• Comply with Massachusetts fair housing laws

• Return security deposits as per state regulations

Compliance with Fair Housing Laws in Massachusetts

The Massachusetts Fair Housing Law prohibits discrimination in housing based on race, color, religion, national origin, disability, familial status, sex, gender identity, marital status, sexual orientation, and source of income.

Landlord Obligations Under Fair Housing Laws

• Treat all applicants and tenants equally

• Avoid discriminatory advertising

• Provide reasonable accommodations for tenants with disabilities

• Allow service animals even if the property has a no-pet policy

Violations of fair housing laws can result in legal consequences, including fines and lawsuits.

Security Deposits in Massachusetts

Massachusetts has strict security deposit regulations to protect tenants from unfair deductions.

Key Security Deposit Rules:

• Limit: Landlords can only charge a security deposit equal to one month’s rent.

• Storage: Deposits must be held in a separate, interest-bearing account.

• Receipt: Landlords must provide a written receipt with the deposit amount, bank details, and tenant’s name.

• Return Policy: Deposits must be returned within 30 days of lease termination, with an itemized list if deductions are made.

Failure to comply with these laws can lead to landlords being required to return the deposit plus penalties.

Maintenance Responsibilities of Landlords

Under Massachusetts law, landlords are required to keep rental properties safe and habitable.

Landlord Obligations for Property Maintenance:

• Heating: Provide adequate heat from September 15 to June 15.

• Structural Integrity: Keep the building structurally sound and free of hazards.

• Plumbing & Sanitation: Ensure working plumbing, hot water, and proper waste disposal.

• Pest Control: Address infestations if they occur in multi-unit buildings.

If a landlord fails to maintain the property, tenants have legal options, including reporting violations to local housing authorities or withholding rent under the Massachusetts Warranty of Habitability law.

Eviction Procedures for Massachusetts Landlords

Massachusetts law strictly regulates eviction procedures, ensuring tenants receive proper notice and due process.

Legal Grounds for Eviction:

1. Nonpayment of Rent – A 14-day Notice to Quit is required.

2. Lease Violations – A landlord must provide proper notice based on the lease terms.

3. End of Tenancy – For month-to-month tenants, a 30-day Notice to Quit is required.

Eviction Process:

1. Serve a Notice to Quit – This informs tenants of lease violations or unpaid rent.

2. File a Summary Process Case – If the tenant doesn’t comply, the landlord must file an eviction lawsuit.

3. Court Hearing & Judgment – A judge will determine if eviction is justified.

4. Execution of Eviction Order – If the ruling favors the landlord, a sheriff can remove the tenant legally.

Illegal evictions, such as changing locks or shutting off utilities, are prohibited and can result in severe penalties.

Conclusion

Understanding Massachusetts landlord-tenant law is essential for both landlords and tenants. Landlords must comply with fair housing laws, security deposit regulations, and maintenance obligations, while tenants must uphold lease agreements and rental responsibilities. Following proper legal procedures helps avoid disputes and ensures a fair housing experience for both parties.