Renting in Massachusetts: Your Rights, Costs and Next Steps

Renting is how many families start out in Greater Boston, and Massachusetts gives renters strong protections. Knowing your rights can save you thousands of dollars at move-in and help you get your deposit back when you leave. This guide explains the basics in plain language, including the big change to broker fees that took effect in 2025.

What a landlord can charge when you move in

Under Massachusetts law (G.L. c. 186, §15B), the most a landlord or their agent can ask for before you move in is:

That is the full list. Application fees, “move-in” fees and similar charges are not allowed. Courts have also treated separate pet deposits as security deposits, which count toward the one-month limit. Always get a written receipt, and never pay cash without one.

The 2025 broker fee law

A law in the state’s FY2026 budget, signed July 4, 2025, took effect on August 1, 2025. Here is what it means for you:

• If the landlord hired the broker, the landlord pays. You cannot be required to pay the landlord’s broker in order to rent the apartment.
• You pay a broker only if you hired them to work for you, for example to search for apartments and negotiate on your behalf.
• Written disclosure. Before a lease is signed, the broker must tell you in writing who hired them, who pays and how much.
• No hidden fees. A landlord cannot add the broker’s fee through an “admin” or “selection” fee, or raise the rent to repay the broker.

If you were charged illegally, you can file a complaint with the Attorney General’s Office at (617) 727-8400 or online. Landlords who break the rule may owe penalties of up to three times the amount charged, and brokers can be fined or lose their license.

Your security deposit and last month’s rent

1. The landlord must keep your deposit in a separate, interest-bearing Massachusetts bank account and give you a receipt within 30 days showing the bank and account number.
2. You should get a statement of condition listing any existing damage when you pay the deposit or within 10 days after move-in. You have 15 days to add anything missing and return it. Take dated photos too.
3. If you stay a year, you earn interest on the deposit (5% or the lower rate the bank pays). Last month’s rent also earns interest each year.
4. When you move out, the landlord has 30 days to return the deposit with interest. They can deduct only unpaid rent, certain tax increases in your lease and damage beyond normal wear and tear, with a signed itemized list and proof of costs.

If a landlord does not follow these rules, you may be entitled to three times the deposit, plus court costs and attorney’s fees.

Your right to a safe home

The State Sanitary Code (105 CMR 410), updated in 2023, sets minimum standards for every rental. Landlords must keep the home safe and in good repair, provide working smoke and carbon monoxide alarms, and be reachable for problems. Heat rules:

• Heating season: September 15 to June 15
• At least 68°F from 7:00 a.m. to 11:00 p.m., and at least 64°F overnight
• The heating system should not push rooms above 78°F

If repairs are not made, tell your landlord in writing and keep a copy. If nothing happens, call your city or town’s board of health (in Boston, Inspectional Services) to request an inspection.

Lead paint

If you have a child under 6 and the home was built before 1978, the landlord must make it lead-safe. A landlord cannot refuse to rent to you or evict you because of lead paint. Before you rent a pre-1978 unit, you should receive a Tenant Lead Law Notification form.

Protection from discrimination

In Massachusetts it is illegal to refuse to rent to you, or to treat you differently, because of your race, color, national origin, religion, sex, children in the family, disability, sexual orientation, gender identity, age, marital status, veteran or military status, genetic information, or source of income. That includes Section 8, other housing vouchers, RAFT and SSDI. An ad that says “No Section 8” is illegal. You can file a complaint with the Massachusetts Commission Against Discrimination (MCAD).

If you get an eviction notice

A notice to quit does not mean you must leave right away. In Massachusetts, only a judge can order an eviction, and your landlord can never lock you out or remove your things. If you are behind on rent, apply for rental assistance (RAFT) right away and tell the court if you have an application pending. Free legal help and mediation are often available.

When renting is a step toward buying

Renting gives you flexibility while you build savings and credit. Many of our clients rent for a few years and then buy, often a two- or three-family where the rent from the other units helps pay the mortgage. While you rent:

• Pay rent on time and keep records. Some lenders can consider rent history.
• Check your credit and pay down debt. See our guide to credit and pre-approval.
• Learn about first-time buyer programs in Massachusetts that may lower your down payment.
• Compare your rent to an estimated mortgage payment with our rent vs. buy guide and the calculator on our tools page.

How Luis can help

Luis has helped Greater Boston renters become first-time owners for over 30 years, in English or Spanish. If you are thinking about buying in the next year or two, he can help you understand what you can afford and what steps to take now. Book a free 15-minute call through our first-time buyer page.