Being a Landlord in Massachusetts: What to Watch For

Why Massachusetts Landlords Need to Be Careful

Massachusetts can be a strong rental market, but it is not a forgiving one for casual landlords.

The state has detailed rules on:

• tenant screening
• discrimination
• security deposits
• habitability and repairs
• lead paint
• notices and eviction procedure
• access to the unit
• fees you can and cannot charge

That means a landlord can be "right" in a business sense and still create legal trouble by using the wrong form, collecting the wrong fee, or handling a repair issue too slowly.

Start With a Clear and Consistent Tenant Screening Process

Good screening matters, but in Massachusetts it needs to be both careful and consistent.

The safest approach is to decide your screening standards before you market the unit, then apply the same standards to every applicant.

A practical screening process

Many landlords use a combination of:

1. Income verification
   Ask for recent pay stubs, offer letters, tax returns for self-employed applicants, or proof of other lawful income.
2. Employment verification
   Confirm current employer, role, and approximate start date.
3. Credit review
   Look for overall payment pattern, unpaid collections, and debt burden, not just a single score in isolation.
4. Rental history
   Speak with prior landlords when possible and ask concrete questions: rent paid on time, property care, complaints, and notice given at move-out.
5. Identity verification
   Confirm the applicant is who they say they are and that names match the documents provided.
6. Reference checks
   These are most useful when they are supplemental, not the only screening tool.

What to look for without overreacting

A strong tenant screening decision usually focuses on:

• stable ability to pay
• pattern of paying obligations on time
• honest and complete application information
• reasonable explanation for past issues
• prior housing behavior, not just one rough year

Be careful with criminal-record screening

Massachusetts allows access to certain criminal-record information through CORI, but housing providers should be careful about automatic denials.

The Massachusetts Attorney General’s guidance warns that blanket rejections based on criminal records can create fair housing risk. In most cases, it is better to make an individualized assessment based on:

• the seriousness of the offense
• how long ago it happened
• the applicant’s age at the time
• surrounding facts
• rehabilitation
• tenant history before and after the event

Be careful with eviction-history screening too

This changed recently.

As of May 5, 2025, Massachusetts tenants can ask the court to seal certain eviction records. If a record has been sealed, the applicant may answer "no record" on a Massachusetts housing application that asks about eviction history.

If your application asks about evictions, Massachusetts says the form must include the required sealed-record notice. A landlord should not assume an incomplete eviction answer means dishonesty.

Know the Fair Housing Rules Before You Advertise or Screen

Massachusetts fair housing law is broad, and it applies long before a lease is signed.

You cannot refuse to rent, change terms, charge different fees, or steer applicants based on protected characteristics. Massachusetts protections include:

• race
• color
• national origin
• religion
• sex
• disability
• familial status
• source of income, including Section 8 and other rental assistance
• sexual orientation
• gender identity
• age
• marital status
• veteran or active military status
• genetic information

Common screening mistakes that create fair housing risk

• Advertising "perfect for singles" or "no kids"
• Rejecting applicants because they use a housing voucher
• Refusing to cooperate with voucher paperwork or inspections
• Using different approval standards for different people
• Asking disability-related questions that are not legally appropriate
• Automatically rejecting every applicant with a criminal record
• Refusing to rent to a family with a child under six because of lead paint risk

A simple rule for landlords

Judge the application, not the person.

That means your written criteria should focus on:

• ability to pay
• rental history
• documented behavior relevant to tenancy
• lawful occupancy limits
• objective lease compliance factors

Understand What You Can and Cannot Charge Up Front

This is one of the easiest ways for Massachusetts landlords to get into trouble.

For a typical residential tenancy, the landlord may generally ask only for:

• first month’s rent
• last month’s rent
• a security deposit up to one month’s rent
• the actual cost of a new lock and key

That is the standard rule. If you try to collect something else up front, you should assume you need to double-check the law first.

Fees to be especially careful about

Massachusetts says landlords may not charge tenants or prospective tenants up-front:

• application fees
• pet fees
• admin or "processing" fees
• broker fees for a broker the landlord hired

The broker-fee rule changed on August 1, 2025. Since that date, the broker’s fee for a rental unit must be paid by the party who hired the broker or salesperson. If the landlord hired the broker, the landlord pays.

Security deposit rules are strict

Massachusetts security-deposit law is technical enough that many experienced landlords still get it wrong.

If you take a security deposit, you generally need to:

1. Keep it in a separate, interest-bearing Massachusetts bank account.
2. Give the tenant the bank name, address, and account number.
3. Provide the required receipt.
4. Provide a signed statement of condition within 10 days of the start of tenancy or receipt of the deposit, whichever is later.
5. Pay annual interest as required.
6. Return the deposit, plus interest and minus lawful deductions, within 30 days after move-out.

Lawful deductions are limited. In general, think:

• unpaid rent
• certain unpaid tax-escalation charges if the lease allows them
• actual damage beyond normal wear and tear

Normal aging, ordinary scuffs, and routine turnover cleaning issues are not the same as tenant-caused damage.

Late fees are limited too

Massachusetts does not let a landlord charge a residential late fee the moment rent is late. A lease can allow a late fee only when the rent is 30 or more days late.

Build a Lease That Matches Massachusetts Rules

Your lease should be plain, specific, and consistent with Massachusetts law.

At a minimum, the lease or rental agreement should clearly identify:

• the owner
• the person responsible for maintenance
• where formal notices should be sent
• rent amount and due date
• whether the tenancy is a lease term or tenancy at will
• who pays which utilities
• rules for pets, smoking, parking, storage, and use of common areas

Terms not worth "getting creative" with

Massachusetts does not allow lease terms that try to make tenants waive core legal protections.

Examples of risky or illegal terms include provisions saying:

• the tenant pays for ordinary wear and tear
• the tenant cannot report sanitary code issues
• the tenant cannot sue
• the tenant cannot join a tenants’ union
• the tenant owes a late fee before 30 days have passed

Set expectations early

A good lease should also explain the day-to-day rules that reduce conflict:

• how repairs are requested
• expected notice procedures
• guest and occupancy limits
• snow, trash, and yard expectations if applicable
• maintenance responsibilities for any tenant-controlled outdoor space
• what counts as unauthorized alterations

Landlord Responsibilities in Massachusetts

Massachusetts landlords are not just collecting rent. They are providing legally habitable housing.

1. Provide a habitable unit

The unit must comply with the Massachusetts State Sanitary Code. In practice, that means the apartment must be safe and fit to live in throughout the tenancy.

Examples include:

• heat during the heating season
• hot and cold water
• working sanitary facilities
• a structurally sound and weather-tight unit
• pest control in situations covered by the sanitary code

Massachusetts guidance says residential units generally must be able to maintain at least 68 degrees from 7:00 a.m. to 11:00 p.m. and at least 64 degrees overnight during the heating season, which is usually September 15 through May 31, though a local board of health may adjust that window.

2. Make repairs within a reasonable time

When tenants report conditions problems, landlords should respond quickly and keep a written record.

If the issue affects health or safety, move faster. In Massachusetts, an ignored repair issue can turn into:

• a board of health complaint
• rent withholding
• a claim for breach of warranty of habitability
• a retaliation claim if the landlord responds badly

3. Respect the tenant’s right to quiet enjoyment

Massachusetts does not allow "self-help" landlord behavior.

That means no:

• lockouts
• utility shutoffs to force payment or move-out
• removing doors or belongings
• repeated harassment
• entering whenever you want

Landlords generally should arrange entry in advance for repairs, inspections, or showings. Entry without approval is usually limited to real emergencies, apparent abandonment, court-authorized circumstances, or similar narrow situations.

4. Follow lead-paint rules

If the property was built before 1978, there are lead disclosure requirements before renting.

Massachusetts also requires much more if a child under six lives in the unit. In that situation, the owner generally must delead or bring lead hazards under interim control. A landlord cannot avoid that duty by refusing to rent to families with young children, and cannot shift the cost to the tenant.

5. Handle deposits and records properly

Massachusetts expects landlords to document what they collect and how they hold it.

Keep organized records for:

• rent receipts
• security deposit receipts
• bank account information for deposits
• interest payments
• move-in and move-out condition records
• repair invoices if deductions are claimed

6. Follow the right eviction process

A landlord cannot legally remove a tenant without going through court.

In Massachusetts, eviction is a summary process case. The landlord must first serve a Notice to Quit, and a notice to quit is not the same thing as an order to move out.

For nonpayment cases, Massachusetts also requires a specific accompanying form with rental-assistance information.

Tenant Responsibilities in Massachusetts

Tenants have real obligations too, and a healthy tenancy works best when both sides understand them.

Typical tenant responsibilities include:

• paying rent on time
• following the lease
• keeping the unit reasonably clean
• using plumbing, electrical, and fixtures properly
• not damaging the property beyond normal wear and tear
• not disturbing neighbors
• allowing lawful access for repairs, inspections, and showings
• notifying the landlord about repair problems promptly

A helpful way to think about the split

In many Massachusetts rentals:

Landlord usually handles:

• building systems, code compliance, and major repairs
• heat, hot water, and habitability obligations
• structural issues and common-area upkeep
• deposit handling and legal notices

Tenant usually handles:

• rent payments, ordinary cleanliness, and daily care
• reporting issues early
• damage caused by the tenant, household members, or guests
• following lease rules for guests, pets, smoking, parking, and noise

This list is a practical guide, not a substitute for the lease or the sanitary code.

What To Do When Problems Come Up

The biggest landlord mistakes often happen after move-in.

If rent is late

Start with written communication and a ledger.

If the problem continues:

1. Confirm the balance carefully.
2. Check whether any partial-payment agreement exists.
3. Follow the lease.
4. Use the legally required notice process.
5. Avoid threats, lockouts, or utility pressure.

If the issue is nonpayment, Massachusetts generally uses a 14-day Notice to Quit for residential nonpayment cases, although facts can affect timing and rights. A notice alone does not remove the tenant, and the landlord still needs court process.

If the tenant violates the lease

Document:

• what happened
• when it happened
• what lease term applies
• what communication you sent

Keep emotion out of it. A clean file is more useful than an angry email.

If there are repair disputes

Use a repeatable process:

1. Receive the complaint in writing if possible.
2. Acknowledge it.
3. Inspect promptly.
4. Schedule the repair.
5. Confirm completion in writing.

That paper trail matters if there is later a code complaint, rent withholding claim, or security-deposit dispute.

If you need to end the tenancy

Treat Massachusetts eviction law like procedure, not leverage.

Do not:

• tell the tenant they are "out by Friday" unless the legal process supports it
• change the locks
• shut off utilities
• remove belongings
• show up unannounced repeatedly

Those actions can create expensive claims even when the tenant is behind on rent.

Local Rules and Town-Level Details To Check

State law is only part of the picture.

Before you rent a unit, also check the city or town rules on:

• certificate, registration, or inspection requirements
• trash and recycling rules
• snow and sidewalk obligations
• occupancy limits or zoning restrictions
• local health department enforcement practices
• transfer of utility costs
• water submetering rules

Massachusetts allows landlords to bill tenants for water only in specific circumstances, so do not assume a lease clause alone is enough.

If the property is in Greater Boston, it is especially worth checking whether the municipality has stronger inspection or rental-registration expectations than neighboring towns.

Common Mistakes Massachusetts Landlords Make

Here are the mistakes that create trouble most often:

1. Collecting the wrong money up front
   Application fees, pet fees, admin fees, or broker fees that should be paid by the landlord are common errors.
2. Treating security deposits casually
   The money has to be handled exactly the way Massachusetts requires.
3. Using inconsistent screening standards
   Unwritten judgment calls can easily turn into discrimination claims.
4. Ignoring lead-paint issues in pre-1978 housing
   This is a major liability area.
5. Waiting too long on repairs
   Small maintenance issues can become legal disputes fast.
6. Entering the unit too casually
   Even well-meaning landlords can violate quiet-enjoyment protections.
7. Trying to solve an eviction informally
   Self-help tactics usually make things worse.
8. Not keeping records
   In a dispute, memory is weak and documentation wins.

A Practical Landlord Checklist

Before listing the unit:

• confirm local rental and inspection rules
• decide written screening standards
• review fair housing compliance
• confirm whether lead disclosure applies
• prepare a lease that matches Massachusetts rules

Before move-in:

• collect only lawful up-front charges
• issue all required receipts
• set up the security deposit correctly
• deliver the statement of condition on time
• document move-in condition with photos

During tenancy:

• keep a rent ledger
• respond to repair requests in writing
• document all notices and important conversations
• pay or credit required deposit and last-month interest
• give reasonable notice before non-emergency entry

At move-out:

• inspect promptly
• compare move-out condition to the signed move-in record
• itemize any lawful deductions carefully
• return the balance of the security deposit and interest on time

Final Thoughts

Being a landlord in Massachusetts can work very well, especially if you approach it as a professional operation from the start.

The core idea is simple:

• screen consistently
• follow fair housing rules
• collect only lawful charges
• maintain the property properly
• document everything
• use the formal process when a tenancy goes sideways

If you are buying or managing rental property in Greater Boston or Metro West, Southborough Realty, LLC can help you think through tenant fit, pricing, rental strategy, and practical management decisions before small issues become expensive ones.

If you want help thinking through a rental property, tenant-screening process, or day-to-day landlord questions in Greater Boston or Metro West, contact us for a practical conversation.

Sources & References

• Massachusetts Attorney General: Tenant Rights and landlord-tenant guidance

• Massachusetts Attorney General: Landlord responsibilities guide

• Massachusetts Housing Court: Security deposits

• Massachusetts Housing Court: Learn about paying a security deposit

• Massachusetts Executive Office of Housing and Livable Communities: FAQ on residential rental broker’s fees

• Massachusetts Attorney General: Eviction sealing guidance

• Massachusetts Attorney General: Overview of fair housing law

• Massachusetts Attorney General: Guide to criminal records in employment and housing

• Massachusetts Department of Public Health: Learn about Massachusetts Lead Law

• Massachusetts Department of Public Health: Tenant Lead Law Notification

• Massachusetts Court System: Respond to an eviction against you

• Massachusetts Executive Office of Housing and Livable Communities: Notice to Quit accompanying form

• Massachusetts law about submetering water for tenants