Tenant and Landlord Responsibilities

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1. Landlord Access – Landlords must provide reasonable notice before entering a tenant’s unit, except in emergencies.

2. Habitability (Warranty of Habitability) – Massachusetts law ensures rental units meet basic living standards, including heat from Sept 15–June 15, working plumbing, and no infestations.

3. Random fees - If you ask landlords to fix issues with your unit (inadequate heating, bugs, broken windows, etc…) they cannot charge you extra fees or pass costs to you.

4. Snow Removal – In multi-family buildings, landlords are responsible for snow removal. In single-family rentals, the lease typically specifies whether the landlord or tenant is responsible.

5. Security Deposit Return – Must be returned within 30 days of lease termination, with an itemized list of any deductions.

6. Late Fees – Cannot be charged unless rent is at least 30 days late, per Massachusetts law.

7. Roommate Laws – A landlord cannot prohibit tenants from having roommates if the total number of occupants does not exceed local housing codes.

8. Rent Control – Massachusetts does not have rent control laws, meaning landlords can increase rent with proper notice unless limited by local ordinances.

9. Retaliation Protections – Massachusetts law prohibits landlords from retaliating against tenants for filing complaints or requesting repairs.

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General Rental Terms

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1. Fixed-Term Lease – A rental agreement with a specific start and end date, typically for one year.

2. Security Deposit – In Massachusetts, landlords can charge up to one month’s rent as a security deposit. They must hold it in a separate, interest-bearing account and provide a written statement of conditions of the unit.

3. Last Month’s Rent – Landlords in Massachusetts can collect last month’s rent upfront, but it must accrue interest, which must be paid to the tenant annually.

4. First Month’s Rent – A standard upfront payment when signing a lease.

5. Broker’s Fee – Many rental units in Massachusetts require a broker’s fee, typically equal to one month’s rent, paid by the tenant.

6. Key Fee – Unlike other states, Massachusetts law prohibits landlords from charging a non-refundable key fee.

7. Eviction (Summary Process) – The legal process for removing a tenant. Massachusetts requires landlords to issue a 14-day Notice to Quit for non-payment of rent before filing in court.

8. Quiet Enjoyment – Tenants in Massachusetts have the right to live in their rental without excessive landlord interference, as per state law.

9. Lead Paint Disclosure – Massachusetts law requires landlords to disclose and address lead paint hazards in rental units built before 1978 if a child under six will reside there.

10. Tenant at Will – A lease agreement that continues on a month-to-month basis without a fixed end date. Either the landlord or tenant can terminate it with proper notice (usually 30 days or one full rental period).

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