What are tenant rights in Massachusetts?

Massachusetts has some of the strictest landlord obligations in the country.

1. Security Deposit — Capped at 1 month's rent under M.G.L. c. 186 § 15B. Strict requirements: written receipts, separate interest-bearing escrow account in a Massachusetts bank, annual interest payments, and a detailed Statement of Condition within 10 days. Failure to comply can forfeit the right to retain any portion plus expose landlord to treble damages.

2. Last Month's Rent — Permitted in addition to deposit, but interest must be paid annually (§ 15B(2)(a)).

3. Habitability — M.G.L. c. 111 § 127A and the State Sanitary Code (105 CMR 410) impose extensive habitability standards. The Supreme Judicial Court in Boston Housing Authority v. Hemingway, 363 Mass. 184 (1973), established the implied warranty.

4. Tenant Remedies — Tenants may withhold rent, repair-and-deduct (up to 4 months' rent over 12 months under M.G.L. c. 111 § 127L), use rent receivership, and recover damages including consequential damages, attorney fees, and treble damages for willful violations.

5. Notice for Entry — No statutory requirement, but reasonable notice (typically 24 hours) expected.

6. Eviction Notice — M.G.L. c. 186 § 11/§ 12 requires a 14-day notice to quit for nonpayment and 7-day or 30-day notice for tenancies at will depending on cause.

7. Rent Control — Statewide rent control was abolished in 1994, but Boston and other cities have explored re-enacting forms of rent stabilization. Several home-rule petitions are pending.

8. Discrimination — M.G.L. c. 151B prohibits discrimination on race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, marital status, military status, age, source of income (including Section 8), and lead paint hazards (children).

9. Retaliation — M.G.L. c. 186 § 18 creates a presumption of retaliation if landlord acts adversely within 6 months of protected tenant activity.

This is legal information, not legal advice.