What Massachusetts landlord-tenant law covers
Massachusetts landlord law for apartments comes mainly from General Laws chapter 186, which governs tenancies, notices and deposits, and chapter 239, which governs the eviction process known as summary process. The Attorney General’s office publishes a guide to these rights and lists lease terms it considers illegal, such as an early late fee.
A tenant renting month to month, with or without a written agreement, is a tenant at will. A tenant with a one-year or other fixed-term lease is not. The two have different notice rules, so check which kind each tenant has before serving anything.
Massachusetts landlord-tenant rules at a glance
The table summarizes the rules apartment owners deal with most, as of October 2026.
| Rule | Massachusetts requirement | Where it comes from |
|---|---|---|
| Ending a tenancy at will | Written notice equal to the rental period or 30 days, whichever is longer | G.L. c. 186, s. 12 |
| Nonpayment of rent | 14 days’ written notice to quit | G.L. c. 186, ss. 11 and 12 |
| Upfront charges allowed | First and last month’s rent, a deposit up to one month’s rent and the cost of a new lock and key | G.L. c. 186, s. 15B |
| Security deposit cap | One month’s rent | G.L. c. 186, s. 15B |
| Deposit return | Within 30 days after the tenancy ends, with interest | G.L. c. 186, s. 15B |
| Late fees | None until rent is 30 days late | G.L. c. 186, s. 15B |
| Entry | To inspect, repair or show the unit, arranged in advance; emergencies excepted | G.L. c. 186, s. 15B; AG guide |
| Rent control | Banned statewide since the 1994 ballot vote | G.L. c. 40P |
How much notice does a landlord have to give in Massachusetts?
To end a tenancy at will, a Massachusetts landlord must give written notice at least as long as the interval between rent days, or 30 days, whichever is longer. For a tenant who pays monthly on the first, that means a notice served in time to end the tenancy at the end of a full rental period, not just 30 days from any date.
Getting the date wrong can sink a summary process case. As a general example, a notice served on March 10 for a tenant who pays on the first cannot end the tenancy on April 9. It ends it no sooner than April 30.
A tenant under a fixed-term lease generally cannot be removed before the lease ends except for a breach the lease allows, such as unpaid rent. When a lease expires and the tenant stays and keeps paying, check the lease for how the tenancy continues before assuming it is at will.
Notice to quit for nonpayment of rent
For unpaid rent, a 14-day written notice to quit is enough to end either a tenancy at will or a lease, under sections 11 and 12 of chapter 186.
A tenant under a written lease can stop the termination by paying all rent due, with interest and costs, on or before the answer date in the summary process case, under section 11 of chapter 186. Talk to counsel before you accept a partial payment after serving a notice.
Security deposits and last month’s rent
A Massachusetts landlord can collect no more at move-in than the first month’s rent, the last month’s rent, a security deposit of up to one month’s rent and the cost of buying and installing a new lock and key. Broker fees are handled separately, and since August 1, 2025, a landlord who hires a broker pays that broker.
The deposit must go into a separate, interest-bearing account in a Massachusetts bank, and the tenant must get a receipt naming the bank within 30 days. The tenant earns interest at 5% a year, or the lower rate the bank actually paid, payable each year.
When the tenancy ends, the landlord has 30 days to return the deposit with interest, less unpaid rent and the cost of damage beyond normal wear. Any damage deduction needs a sworn, itemized list with written evidence of the cost, such as estimates or receipts.
The penalty for getting this wrong is steep. A landlord who fails to deposit the money properly, misses the itemized list or the 30-day return, or fails to transfer the deposit on a sale can lose the right to keep any of it and owe the tenant three times the deposit plus interest, court costs and attorney’s fees.
Late fees and landlord entry
A Massachusetts landlord may not charge interest or a late fee on rent until it is 30 days overdue. A lease clause that imposes a fee at five or ten days late is one of the terms the Attorney General lists as illegal.
Section 15B allows entry to inspect the unit, make repairs, or show it to prospective tenants, buyers or lenders, and also lets the lease set terms for entry. The statute does not set a fixed number of hours. The Attorney General’s guide says the landlord must arrange entry with the tenant in advance, except in a repair emergency. For showings during a sale, give written notice and agree times with each tenant.
The summary process eviction and timeline
Eviction in Massachusetts is called summary process, and it can be filed in a Housing Court, the Boston Municipal Court or a District Court. Housing Courts hear only housing cases and have housing specialists who mediate.
After the notice period ends, a sheriff or constable serves the summons and complaint, no earlier than the day after the tenancy ends. The case is filed by the entry date, which must be a Monday between 7 and 30 days after service. The tenant’s answer, counterclaims and discovery requests are due the next Monday, and the trial is usually set for the Thursday after that, about 10 days after entry. A discovery request postpones the trial automatically by two weeks.
For a nonpayment case, the earliest path to trial is therefore about a month: 14 days of notice, at least 7 days from service to entry, and about 10 more to trial. Many cases take longer. In nonpayment cases, chapter 239, section 15 requires the court to continue the case and stay execution when the tenant shows financial hardship and a pending application for emergency rental assistance, and no judgment can enter until that application is approved or denied.
- Day 0: serve the notice to quit (14 days for nonpayment; at least a full rental period or 30 days otherwise).
- After the tenancy ends: sheriff or constable serves the summons and complaint.
- 7 to 30 days after service: Monday entry date; filing fee $120 in Housing Court or $180 in District Court or BMC, plus a $15 surcharge.
- The next Monday: tenant’s answer and discovery due.
- About 10 days after entry: trial date, unless postponed.
Does Massachusetts have rent control?
No. Massachusetts voters ended rent control in a 1994 ballot question, and chapter 40P now says no city or town may enact, maintain or enforce rent control of any kind, with narrow exceptions written into the chapter. The law’s definition of rent control excludes public, subsidized and federally assisted housing and mobile homes, which follow their own rules.
The Secretary of the Commonwealth’s 2026 Information for Voters lists nine statewide questions for the November 3, 2026 election, and none of them deals with rent control. Rents on market-rate apartments therefore remain set by the lease and the market. A rent increase still has to fit the tenancy: a lease fixes rent for its term unless it says otherwise, and a tenant at will needs proper written notice.
What happens to leases and deposits when you sell
Tenants stay. Chapter 186, section 13 says a tenancy at will is not ended by operation of law when the property is conveyed or transferred, and unexpired written leases generally carry over to the buyer too. Plan on the buyer taking the building with the tenants and their terms.
The deposit moves with the building. Section 15B requires the seller to transfer each security deposit and its accrued interest, and prepaid last month’s rent, to the buyer. The buyer becomes liable from the transfer date and must notify each tenant in writing within 45 days, with the buyer’s contact details. If the seller does not transfer a deposit, the buyer is still liable to the tenant for it, which is why buyers check deposit records closely.
- A current rent roll with each tenant’s deposit, bank and interest paid to date.
- Copies of deposit receipts and the annual interest statements.
- Last month’s rent held, by unit.
- Any pending summary process cases or notices served.
Massachusetts landlord-tenant law changes in 2025 and 2026
The biggest recent change for owners is the broker fee law, part of the fiscal 2026 state budget signed on July 4, 2025. Since August 1, 2025, a landlord who hires a broker must pay that broker and cannot pass the fee, or a fee under another name, to the tenant. Brokers must give a written fee disclosure before a lease is signed. A tenant who hires their own broker still pays that broker.
For sellers, a tax rule matters as well. For closings on or after November 1, 2025, a nonresident who sells Massachusetts real estate for $1,000,000 or more has tax withheld at closing. Our page on Massachusetts capital gains tax on real estate explains the rates and the certification.
Selling a Massachusetts apartment building with tenants
Skyline buys apartment buildings with five or more units in Massachusetts, occupied and as-is. We buy directly, close on your timeline, and can work inside 1031 deadlines. You don’t need to empty units, finish a summary process case or fix every deposit record before we make an offer, though we will ask for the deposit details at the start so the transfer is clean.
For carrying costs, see our page on the property tax rate in Massachusetts, and if you plan to reinvest, the 1031 exchange in Massachusetts.
