Blog Post  Know Your Massachusetts Tenant Rights

With September just around the corner, many residents are renewing or moving into new spaces as tenants. Knowing your rights as a tenant is key to ensuring a safe, misconduct-free, and worthwhile living experience.

Most prospective Massachusetts tenants will have signed a lease outlining the general terms and conditions of tenancy. Tenants without a lease are considered ‘tenants at will’. Without a lease, all utilities are the landlord’s responsibility and tenancy can be terminated without reason provided at least a 30-day notice. Tenants receiving subsidies should contact the subsidy provider to learn more about their rights.

Tenant rights in Massachusetts include:

Nondiscrimination Rights

• Tenants are protected by state law against discrimination in housing on the basis of race, religion, national origin, age, ancestry, military background, sex, sexual preference, marital status, disability, except for in owner-occupied two-family dwellings.
• Landlords cannot refuse to rent to prospective tenants on the basis of receiving rental subsidies or, in some cases, because of having children.

Payment and Rent Withholding Rights

• Only licensed real estate brokers and salespersons can charge a finder’s fee agreed upon and disclosed to renters prior to any transaction.
• Landlords cannot demand pre-payments in excess of the law, nor can they charge interest or a penalty on late rental payment, though they can start the eviction process immediately.
• Landlords can increase rents by any amount provided proper notice and a signed agreement from the tenant.
• Tenants can withhold rent payments if the landlord has not made necessary repairs as requested by the tenant.
• Tenants can withhold up to four months rent if their local board of health has certified that present conditions warrant emergency repairs and the landlord has failed to start repairs within the prescribed timeframe of written notice from the inspecting agency.

Habitability and Utility Rights

• Landlords must maintain facilities that can provide adequately pressured water and heat to at least between 110- and 130-degrees Fahrenheit.
• Tenants may be required to pay for water heating fuel. Heating systems must be in good working condition and capable of heating rooms to at least 68 degrees Fahrenheit but no more than 78 degrees between September 16 and June 14 in the calendar year, from 7:00 AM to 11:00 PM, and at least 64 degrees at all other hours.
• Kitchens must have sinks with capability for dish washing and use of kitchen utensils, a stove and oven in good working order (unless otherwise stipulated), and space and facilities for refrigerator installations.
• In buildings with at least two apartments, all spaces must be kept free of rodents, cockroaches, and insect infestations.
• Landlords must maintain the integrity of all structural elements to be weather and watertight with exits being cleared of obstructions.

Landlord Access

• Landlords may enter apartments only when agreed upon or if a reasonable attempt to arrange a convenient time is made with the tenant for the following reasons: inspecting the premises, making repairs, touring prospective tenants, in accordance with a court order, or if the premises appears to be abandoned.

Retaliation Protections

• It is your right to exercise your renter rights and pursue a tenants’ organization.
• If you suspect that your landlord has attempted to raise rents or modify/terminate your tenancy as a form of retaliation, the landlord must prove that your tenancy was changed for reasons other than exercising your rights.

Additional Resources

If you need additional renting-related assistance, contact the OCABR consumer hotline at (617) 973-8787.

For a more complete guide to knowing your tenant rights and responsibilities, visit the OCABR tenant rights page.

Additional city and town requirements and rights may be found through the city and town website directory.