Massachusetts Month-to-Month Lease Agreement

Required Landlord Disclosures (6) 

Disclosures are legally required components of lease agreements, mandated by state or federal law, to ensure landlords provide tenants with essential information regarding the property or rental terms.

In Massachusetts, landlords must provide the following disclosures:

1. Lead-based paint: Landlords must disclose the presence of lead-based paint or any lead-based paint hazards for units built before 1978. This lead-based paint disclosure is the only federally mandated notice.
2. Move-in checklist: Massachusetts landlords must provide tenants with an inventory of the unit’s condition within 10 days of moving in. This checklist should detail any existing damage and the current condition of the property or furnishings, using language specified by the state (MGL 186 § 15B(2c)).
3. Fire insurance: Landlords must disclose information about the unit’s fire insurance policy within 15 days of the tenant’s written request. The notice should include the insurance company’s name, coverage amount, and the designated payee for any claims (MGL 186 § 21).
4. Shared utilities: In multi-unit buildings where tenants pay for water, the lease must include specific language about compliance and how water is billed, along with certifications from the landlord (MGL 186 § 22f).
5. Security deposit: If a landlord collects a security deposit, they must provide a receipt within 30 days. This receipt must include the deposit amount, the name of the person receiving it, the collection date, a description of the unit, and details of the institution holding the funds, including the account number (MGL 186 § 15B(2b)).
6. Landlord name and address: The lease agreement must list the landlord’s name and address or the person responsible for managing the property (105 CMR, § 410.400).

Required Notice to Terminate Month-to-Month Agreement

Required notice for landlords: Before terminating a month-to-month lease agreement, landlords must give at least 30 days’ written notice, including the end date.

Required notice for tenants: Similarly, tenants must provide 30 days’ written notice to terminate a month-to-month lease agreement. The notice must indicate the intended move-out date.

Rent Increase Laws

Massachusetts does not regulate rent increases, meaning landlords can raise rental prices without limitation as long as they follow specific protocols. Rent hikes have been legal in Massachusetts since rent control was abolished statewide in 1994, except for Cambridge, which was grandfathered in.

While no limits exist on how much or how often landlords can increase rent, they must meet specific requirements. For example, landlords must give at least 30 days’ written notice before raising rent, and rent increases cannot take effect until the current lease term ends.

For month-to-month tenants, rent increases must take effect on the first day of a new rental cycle. Additionally, landlords cannot raise rent within 6 months of a tenant exercising certain rights. However, if a landlord does not provide proper notice, they cannot enforce a rent increase at the end of the lease term, although they may choose not to renew the lease and find a new tenant at a higher rate.

In March 2023, Boston’s City Council voted to limit annual rent increases to 10%, but neither the state legislature nor the governor approved the law.

Rent Payment Laws

Grace period: Massachusetts law does not require a mandatory grace period for rent payments. However, landlords may offer one at their discretion. Without a specified grace period, tenants must pay rent on the agreed-upon date (MGL 186 § 15B).

Late rent fees: Massachusetts law does not set a specific maximum for late fees, but any fee must be reasonable. For example, a daily $25 fee may be considered excessive, and landlords must provide a written agreement specifying late charges (MGL 186 § 15B(2c)).

Tenant’s right to withhold rent: In Massachusetts, tenants can withhold rent if the landlord fails to maintain the habitability of a rental property or does not address serious health or safety issues after proper notice (MGL 111 § 127L).

Pet rent laws: Massachusetts does not have specific regulations regarding pet rent. However, landlords can charge pet rent or a pet deposit if specified in the lease agreement. Any additional charges must comply with general rental laws.

Security Deposit Rules

Maximum security deposit: Landlords charge a maximum security deposit of one month’s rent, which cannot exceed the rental rate for the unit (MGL 186 § 15B).

Security deposit receipt: Massachusetts law requires landlords to provide tenants with a security deposit receipt. The receipt must include the deposit amount, date, the person receiving the deposit, and the name of the bank or institution holding the deposit (MGL 186 § 15B).

Interest: Massachusetts law requires landlords to pay interest on security deposits for leases lasting 1 year or longer. The interest rate must be at least 5% per year or the current bank interest rate, whichever is higher. Landlords must pay it annually or at the end of the lease (MGL 186 § 15B).

Deduction tracking: In Massachusetts, landlords must maintain thorough records of a tenant’s security deposit deductions. They are obliged to furnish an account of damages or unpaid rent within 30 days after the tenant moves out. Moreover, these records must be kept throughout the tenancy (MGL 186 § 15B). 

Returning a tenant’s security deposit: A landlord must return a tenant’s security deposit within 30 days of the tenant vacating the property. If they make deductions, landlords must provide tenants with an itemized list within this period (MGL 186 § 15B).

Pet deposit rules: Massachusetts does not have specific legislation regarding pet deposits. However, if the landlord charges a pet deposit, it is typically considered part of the overall security deposit, which cannot exceed 1 month’s rent.

Property Access Regulations

Advance notice: In Massachusetts, landlords must give tenants at least 24 hours’ written notice before entering the rental property, except in emergencies. The notice must state the reason for entry and the intended access time (MGL 186 § 15B).

Immediate access: Landlords can access the property without prior notice in an emergency, such as a fire or flooding, where immediate action is necessary to prevent damage or harm (MGL 186 § 15B).

Landlord harassment: The courts could consider failure to provide proper notice before entering a tenant’s property as landlord harassment. If a landlord repeatedly enters the property without notice, it could be grounds for the tenant to legally break the lease or seek other remedies (MGL 186 § 15B).

Rental Agreement Violations

Missed rent payment: If a tenant in Massachusetts does not pay rent by the end of the grace period, the first step a landlord can take is to issue a “14-day notice to quit.” The notice informs the tenant that they must pay the overdue rent or face potential eviction (MGL 186 § 11).

Lease violation: If a tenant violates their lease terms, a Massachusetts landlord can first issue a “14-day notice to quit” for a material breach. This allows the tenant to correct the violation before the landlord takes further action (MGL 186 § 11).

Self-help evictions: In Massachusetts, landlords cannot evict tenants without legal procedures. In other words, the law does not allow self-help evictions. Landlords must follow the formal eviction process to remove a tenant (MGL 239 § 1).

Lease abandonment: If a tenant abandons the property before the lease term ends, they remain financially responsible for the rent until the end of the lease. The landlord must make reasonable efforts to mitigate damages by attempting to find a new tenant (MGL 186 § 15).