Massachusetts Rental Laws
Massachusetts Chapter 186: ESTATES FOR YEARS AND AT WILL
Termination for Nonpayment Notice (Eviction Notice) | 14-Day Notice or as Written in the Lease Landlord can file for eviction immediately for holdover tenants. Section 11: Determination of lease for nonpayment of rent Section 11A: Termination of lease for nonpayment of rent Section 12: Notice to determine estate at will |
Termination for Lease Violation Notice | No statute |
Small Claim Court Limit | Massachusetts Small Claim Court Limit is $7,000 |
Handling Abandoned Property | Section 4: Storage of property removed; notice of presence and condition of animals; liens and enforcement; penalties |
Penalty for Self-Help Eviction | Three times rent or three times actual damages |
Tenant Withholding Rent for Repairs | Section 127L: Repairs by tenants of residential premises to cure violations; reimbursement for cost |
Required Disclosures | Move-In Checklist Required –Section 15B: Entrance of premises prior to termination of lease; payments; receipts; Insurance Disclosure by Landlord – Section 21: Disclosure of insurance information by lessor; violations; waiver Tax Increase – Section 15C: Residential real estate, lease payments based on real estate tax increases Utilities – Section 22: Definitions; submeter installation; testing; water use charges; public housing development exemption |
Non-Refundable Fees | |
Security Deposit Rules | Security Deposit Amount: up to one month rent; Disclosures: Receipt of the amount of deposit held, date received, name and signature of the person who received it, the property address, and the tenant address A separate escrow account is required: Within 30 Days of receipt of the deposit, disclosure of the name and location of the bank, the account number, and the amount of the deposit. Interest payments: 5% interest or the amount received from the bank (must be in Massachusetts) Deadline for return of security deposit: 30 Days |
Month-to-Month Notice | Section 12: Notice to determine estate at will |
Payment of Rent | Section 15B: Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits Late fees cannot be imposed until the rent is 30 days late. |
Property Entry Notice | No notice specified |