Tenant Rights in Massachusetts

Security Deposits

• Maximum amount1 month's rent.
• Return deadline30 days after the tenancy ends.

Landlord may deduct only for: (1) unpaid rent, (2) unpaid tax increases the tenant agreed to pay, (3) damage beyond normal wear and tear (with itemized list), and (4) unpaid water charges. Landlord must hold the deposit in a separate interest-bearing account and provide a receipt.

Eviction Process

• Notice requirements14-day notice for nonpayment of rent. 30-day notice (or rental period, whichever is longer) for termination of tenancy at will. Notice to quit for lease violations depends on the circumstances.
• Judicial eviction requiredYes
• Estimated timeline6 to 12 weeks for uncontested cases. Contested cases may take several months.

Rent Control

Massachusetts voters eliminated rent control statewide in a 1994 ballot referendum. Local jurisdictions are currently prohibited from enacting rent control. There have been legislative efforts to allow local option rent control, but none have passed as of this date.

Repair and Habitability

• Repair and deductAllowed
• Rent withholdingAllowed
• Retaliation protectionYes

Lease Termination

• Month-to-month notice30 days' notice or one full rental period, whichever is longer, by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to re-rent (Massachusetts imposes a strong duty to mitigate). Military members may terminate under the SCRA. Domestic violence victims may terminate under Mass. Gen. Laws ch. 186, § 24.

Key Statutes

• Massachusetts Landlord-Tenant Law: Mass. Gen. Laws ch. 186
• Security Deposits: Mass. Gen. Laws ch. 186, § 15B
• Warranty of Habitability (State Sanitary Code): 105 CMR 410.000
• Retaliation: Mass. Gen. Laws ch. 186, § 18
• Eviction (Summary Process): Mass. Gen. Laws ch. 239

When to Get Legal Help

• You're facing eviction, especially with short notice
• Your landlord is withholding a large security deposit
• You believe you're being discriminated against
• Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Massachusetts

Frequently Asked Questions

• What is the security deposit limit in Massachusetts?

  Massachusetts limits security deposits to 1 month's rent. The landlord must hold the deposit in a separate interest-bearing account, provide a receipt, and return it within 30 days of tenancy termination with an itemized deduction list.

• Can I withhold rent for repairs in Massachusetts?

  Yes. Massachusetts has strong tenant remedies. If the landlord fails to maintain habitable conditions (as defined by the State Sanitary Code), the tenant may withhold rent, use the repair-and-deduct remedy, or seek a court order for repairs.

• Does Massachusetts have rent control?

  No. Rent control was eliminated statewide by a 1994 voter referendum. Local jurisdictions cannot currently enact rent control ordinances.

• What is the eviction process in Massachusetts?

  All evictions must go through the court system (summary process). The landlord must serve a 14-day notice for nonpayment or a 30-day notice (or full rental period) for other terminations. Self-help evictions (lockouts, utility shutoffs) are illegal and subject to penalties.

Sources

• Massachusetts General Laws Chapter 186 - Estates for Years and At Will
• Massachusetts Attorney General - Tenant Rights