Best bet
Legal tactics: Tenants' rights in Massachusetts, 8th ed., Annette R. Duke, editor, Massachusetts Law Reform Institute, 2018, with current updates (includes forms).
Housing, apartments, shelter, Mass. Legal Help.
Various collections that contain information and resources relating to landlord-tenant issues, including:
Massachusetts laws
Main laws
MGL c. 186 Estates for years and at will (Landlord-tenant law)
Related laws
MGL c. 40P The Massachusetts rent control prohibition act
MGL c. 93, § 114 Psychologically impacted properties
Sellers and brokers don't have to tell buyers or tenants about a murder or suicide in the house, or about ghosts or other paranormal activity. However, they can't lie if they are asked about it.
MGL c. 140, § 22 Lodging house
A lodging house, or boarding house, is a house that rents out individual rooms to 4 or more people.
MGL c. 175, § 99 (Cl. 15th A) Standard form and content of policies or contracts insuring against loss or damage by fire or by fire and lightning
An insurance policy for a multi-unit apartment building must provide coverage up to a limit of $750 for each rental unit to cover the actual costs of relocation of any tenant or lawful occupant displaced by fire or by damage resulting from fire.
See also: Law about adverse possession (sometimes called "squatters' rights").
Massachusetts regulations
Department of Public Health
105 CMR 410 State sanitary code chapter II: Minimum standards of fitness for human habitation
Details the key requirements for housing, including kitchens, bathrooms, electricity, ceiling height, and much more. Sections of particular note:
- 105 CMR 410.260 Safe condition: responsibility for clearing walk and stairs
- 105 CMR 410.420 Habitability requirements for housing - minimum square footage per person
Is your apartment big enough? Very detailed requirements for the required amount of space per person. - 105 CMR 410.550 Elimination of pests
Explains the responsibilities of both landlord and tenant for the control and elimination of pests.
Attorney General
940 CMR 3 General regulations
- 940 CMR 3.17 Landlord-tenant - regulations for consumer protection from unfair or deceptive acts or practices by landlords
Specifies prohibited acts by landlords in the areas of conditions, notices, rental agreements, security deposits, evictions, and more. Subsection (6)(e) outlines when a landlord may enter the tenant's home.
Selected cases
Forms
Many print materials in the law libraries' collections also include forms. See Print sources for more information.
Report a code violation
In Massachusetts city and town local health authorities (LHA) enforce the housing code, 105 CMR 410.
"Complaints regarding housing violations must be addressed to the LHA, which may be the board of health, health department, or inspectional services department. The LHA is responsible for conducting inspections, issuing orders to correct, and enforcement to ensure violations are corrected."
-- A guide for occupants: Enforcement of the Massachusetts housing code, MA Department of Public Health, 2016.
Web sources
General
Attorney General's guide to landlord and tenant rights, Mass. Attorney General.
Covers terms of a rental agreement, security deposits and other payments, sanitary code requirements, evictions, and discrimination.
Overview of landlord-tenant laws in Massachusetts, Nolo.com.
"Both landlords and tenants should be able to deal with many legal questions and problems without a lawyer, once they understand the basics of state law. This overview of key landlord-tenant laws in Massachusetts will get you started."
Bed bugs
Bed bug guideline: Prevention and extermination, City of Boston, 2022.
Explains responsibilities of landlords and tenants in dealing with bed bugs.
Landlords
How to be a landlord in Massachusetts and avoid legal trouble, A. Joseph Ross, J.D., revised May 2020.
This extensive document covers everything from screening tenants through eviction, including utilities, lead paint, security deposits, domestic violence, and more.
Landlords, Mass.gov.
A topical list of pages on Mass.gov that relate to landlord issues.
- See also: Landlord responsibilities
MassLandlords.net
Everything you need to know to be a landlord. "MassLandlords is the landlord trade association for Massachusetts. We have lease agreements, eviction notices, and every other kind of landlord help you need to run a successful small business. Membership is open to new, current, and prospective owners, managers, and service providers." Some resources available through the site do not require a membership to access.
Tenants
Guide me: I have a housing problem, Mass. Legal Resource Finder.
"Answer a few questions. We will give you information to help you understand what your legal rights and responsibilities are. We will also give you a you a list of steps you can take that give you more control over what happens next."
Housing code checklist (from Booklets: Representing yourself in an eviction), Mass. Law Reform Institute, June 2024.
"In Massachusetts, the state Sanitary Code is the main law that gives tenants a right to decent housing. The state Sanitary Code sets the minimum requirements for rental housing. The Housing Code Checklist in this 'how-to' will help figure out if your home meets these requirements."
Housing search guide for people with disabilities in Massachusetts, Chapa.org, 2013.
A guide for renters with disabilities in Massachusetts, providing step-by-step assistance for your search.
How to be a tenant in Massachusetts and avoid getting ripped off, A. Joseph Ross, J.D., revised May 2020.
Covers all the key issues for a tenant, including security deposits, utilities, lead paint, landlords entering the apartment, and more.
Moving tips for tenants, A. Joseph Ross, J.D., October 2020.
Precautions to take when moving, regardless of your relationship with your landlord.
Renters/Tenants, Mass.gov.
A topical list of pages on Mass.gov relating to tenant issues.
The tenant's helper: A handbook for renters, 7th edition, 2018, City of Somerville.
Covers information on security deposits, evictions, discrimination, roommates, and tenants' rights after the sale of a building.
Print sources
General
Landlord and tenant law: With forms (Mass. practice v.33-34), 3rd ed., West Group, 2000, with supplements.
Residential and commercial landlord-tenant practice in Massachusetts, 4th ed., MCLE, 2022.
Landlords
Every landlord's guide to finding great tenants by Janet Portman, 5th ed., Nolo, 2020. (eBook available with library card).
Every landlord's guide to managing property by Michael Boyer, 3rd ed., Nolo, 2021. (2023 eBook available with library card).
Every landlord's legal guide by Marcia Stewart, 16th ed., Nolo, 2022. (2024 eBook available with library card).
Every landlord's tax deduction guide by Stephen Fishman, 20th ed., Nolo, 2024. (eBook available with library card).
First-time landlord: Your guide to renting out a single-family home by Janet Portman, 5th ed., Nolo, 2020. (2023 eBook available with library card).
Lease drafting in Massachusetts, 5th ed., MCLE, 2023.
Leases & rental agreements: Essential rental forms every landlord needs by Ann O'Connell, 14th ed., Nolo, 2021. (2023 eBook available with library card).
Tenants
Every tenant's legal guide by Janet Portman, 10th ed., Nolo, 2021. (2024 eBook available with library card).
Renters' rights by Janet Portman, 10th ed., Nolo, 2021. (2024 eBook available with library card).
Contact for Massachusetts law about landlord and tenant
Online
| Last updated: | October 24, 2024 |
|---|