Being a Landlord in Massachusetts: Rules Every Owner Should Know

Owning rental property in Massachusetts can be rewarding, but the state has some of the strongest tenant protections in the country. Small mistakes, like holding a deposit the wrong way, can cost a landlord three times the amount plus legal fees. This guide covers the rules every Greater Boston owner should know, whether you rent out one unit of your two-family or manage several buildings.

Move-in money: what you can and cannot collect

Under Massachusetts law (G.L. c. 186, §15B), before a tenant moves in you may collect only:

• First month’s rent
• Last month’s rent
• A security deposit of no more than one month’s rent
• The cost of buying and installing a new lock and key

Application fees, move-in fees and similar charges are not allowed. Since August 1, 2025, you also cannot pass your broker’s fee to the tenant (more below).

Security deposit rules

1. Keep the deposit in a separate, interest-bearing account in a Massachusetts bank.
2. Give the tenant a receipt within 30 days showing the bank name, account number, amount and that interest is owed if they stay a year.
3. Give a signed statement of condition listing existing damage when you receive the deposit or within 10 days after the tenancy starts, whichever is later. The tenant has 15 days to return a corrected copy.
4. Pay interest each year: 5% or the lesser amount the bank pays, if the tenant stays at least a year.
5. Return the deposit, with interest, within 30 days after the tenancy ends. You may deduct only unpaid rent, certain tax escalator amounts and damage beyond normal wear and tear, with an itemized list signed under the pains and penalties of perjury plus estimates or receipts.

Getting these steps wrong can lead to triple damages, court costs and attorney’s fees. Many small landlords skip the security deposit and collect only first and last month’s rent to avoid the extra paperwork. Last month’s rent also earns interest: 5% or the bank’s rate, with no one-year requirement.

The 2025 broker fee change

A law in the state’s FY2026 budget took effect on August 1, 2025. If you, the landlord, hire a broker to market your unit, you pay that broker. A tenant pays a broker only if the tenant hired that broker to work for them. Brokers must give a written disclosure of who hired them, who pays and the fee. You also cannot shift the fee to the tenant through “admin” fees or by raising rent to reimburse a broker. Violations can lead to penalties of up to three times the amount charged plus attorney’s fees.

Lead paint and children under 6

If a child under 6 lives in a unit built before 1978, the owner must remove or cover lead paint hazards. Before renting any pre-1978 unit, give tenants the Tenant Lead Law Notification and Certification form, plus any lead inspection report, Letter of Compliance or Letter of Interim Control. Refusing to rent to a family, or evicting them, because of lead paint is illegal discrimination. A state tax credit of up to $3,000 per unit and Get the Lead Out loans can help with the cost. See our guide to investing in multi-families for budgeting.

The State Sanitary Code (105 CMR 410)

The State Sanitary Code sets minimum standards for rental housing. A major update took effect in April 2023. Highlights include:

• Be reachable. Monitor your published contact number at least every 12 hours, or name a backup contact when you are away.
• Pest inspection before each new tenancy, with written results.
• Moisture and mold. Inspectors look for excess moisture, not only visible mold, and may require a ventilation fan.
• Kitchens. A refrigerator with freezer (unless the lease says the tenant brings one), waterproof floors and a cleanable surface behind the sink.
• Common hallways in multi-unit buildings need lighting on motion sensors, timers or always on.

Heat requirements

Local boards of health can adjust the season slightly. In general the owner must supply heat, hot water and electricity unless a written agreement makes the tenant responsible and the unit is separately metered, so put utility responsibilities in writing.

Smoke and carbon monoxide alarms

Massachusetts requires working smoke detectors and carbon monoxide alarms in most residential buildings (CO alarms under “Nicole’s Law,” G.L. c. 148, §26F½, and the Sanitary Code). Test them at every turnover and check your local fire department’s rules, since a smoke and CO certificate is also required when you sell.

Fair housing

Massachusetts protects more groups than federal law. You may not discriminate based on race, color, national origin, religion, sex, familial status (children), disability, source of income (such as a Section 8 voucher or other public assistance), sexual orientation, gender identity, age, marital status, veteran or active military status, or genetic information. Ads like “No Section 8” are illegal. Use the same written screening standards for every applicant.

Evictions: the summary process basics

A landlord can never lock out a tenant, remove belongings or shut off utilities. Only a court can order an eviction. The process, called “summary process,” usually works like this:

1. Notice to quit. 14 days for nonpayment of rent (include the required form listing rental assistance programs). For other reasons, usually 30 days or one full rental period.
2. Summons and complaint served by a sheriff or constable, filed in District Court or Housing Court.
3. Court date, often with mediation first. Many cases settle.
4. Judgment and execution. If you win, only a sheriff or constable can carry out the move-out, with at least 2 days’ written notice.

Tenants may have defenses, such as bad conditions or a pending rental assistance (RAFT) application, and judges can delay a move-out. Use an attorney who handles Massachusetts summary process cases.

Planning to sell a building with tenants? Read our guide to selling a tenant-occupied property. Want to know your tenants’ side? See renting in Massachusetts.

How Luis can help

Luis has worked with Greater Boston owners and tenants for over 30 years, in English or Spanish. He can help you price rents, buy or sell rental property and find local attorneys and property managers. Book a free 15-minute call on our investor page.