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The Attorney General's Guide to Landlord and Tenant Rights

Landlords and tenants should consider their rights and responsibilities when creating or signing onto a lease, as well as laws, regulations, and issues related to renting and leasing an apartment.

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Working with a Broker or Real Estate Salesperson

Tenants looking for housing may find it helpful to use the services of a licensed real estate broker or salesperson. A broker may help the tenant find a place to live, present an offer to a landlord, and negotiate on behalf of the tenant. When a tenant hires a broker, the broker has a duty to represent the interests of the tenant and must not represent the landlord. 

Landlords may also find it helpful to use the services of a licensed broker or salesperson to advertise a property, show the property to prospective tenants, and negotiate a lease. However, landlords should be aware that they may be held responsible for legal violations committed by their broker, therefore they should carefully review any advertisements or rental agreements used by their broker. 

Real estate brokers and salespersons are licensed by the Board of Real Estate Brokers and Salespersons. Tenants and landlords can check the status of a license and see records of professional discipline on the Division of Occupational Licensure website.

A new law went into effect on August 1, 2025, pertaining to the payment of broker fees by prospective tenants. The law prohibits brokers and salespeople from charging fees to tenants when they primarily provide services to the landlord.14 A landlord still may not charge a tenant or prospective tenant a fee for services that a broker provided to the landlord.

Terms of tenancy

There are two main kinds of tenancy. The first is tenancy based on a lease. The second is tenancy-at-will. The rights and responsibilities of both the landlord and the tenant depend partly on the type of tenancy that is created.

Tenancy based on a lease

When a tenant signs a lease with a landlord, the landlord and tenant agree that the tenancy will last for a certain amount of time, usually one year. During that time, the monthly rent will stay the same and the landlord cannot end the tenancy (evict) unless the tenant fails to satisfy the conditions in the lease. On the other hand, the tenant is committed to paying rent for the term of the lease. Usually, the tenant may only end the tenancy before the close of the lease term (i.e., before the year is up) if the landlord agrees to “early termination” of the lease. 

A lease is a good option for tenants and landlords seeking stability in a tenancy. Because it is a written agreement between the tenant and the landlord, it should contain all the rules that will apply to the tenancy.

Tenancy-at-will

The other kind of tenancy is called a tenancy-at-will, which means that the tenancy lasts until properly terminated by either party. This is sometimes also referred to as a “month-to-month” tenancy. Sometimes there is no written agreement at all in a tenancy-at-will. But, tenants are often asked to sign a form that says “Rental Agreement” or “Tenancy-at-Will” at the top. This form should include the amount of the rent and basic rules. 

A tenancy-at-will does not last for any set amount of time and does not end on a certain date, the way a lease does. In a tenancy-at-will, the tenant pays the agreed-upon rent each month for an indefinite period. Where rent is paid monthly, either the landlord or the tenant can decide to end the tenancy by giving the other party notice, either 30 days or one month before the due date of the next rent payment, whichever is longer. The rent can change with notice according to the same terms (30 days or one month before the next rent payment). 

A tenancy where the tenant pays rent more than once a month (for example, every week) is also a tenancy-at-will. However, the notice period for termination remains the same (the longer of 30 days or one month before the next rent payment).

Obligations of the landlord and the tenant

Whether a tenancy is created by a lease or a tenancy-at-will, the tenant must pay rent, follow the rules agreed upon with the landlord, and accept responsibility for any damage to the apartment that is more than just “normal wear and tear”, whether caused by the tenant or caused by a guest of the tenant. The landlord must provide an apartment that is safe, well-maintained, and in compliance with the Massachusetts Sanitary Code, and they must live up to any promises in the lease or rental agreement. 

The tenant has a right to occupy the apartment and the landlord may only enter under certain circumstances. The landlord must arrange with the tenant in advance to enter the apartment to make repairs, to inspect the condition of the apartment, or to show the apartment to prospective tenants, buyers or real estate agents. However, the landlord may enter an apartment without a tenant’s approval if there is a mechanical/repair emergency that has the potential to damage the whole building, or if it appears that the tenant has abandoned the apartment.20

Lease Negotiations

Although not required by laws or regulations, it is important for both a landlord and a tenant to know that they can negotiate with each other over the terms of a lease. In general, the landlord should not rush a tenant to sign a lease, and both parties should be very clear about the terms and conditions before either signs the lease. Any agreed-upon changes to a lease should be written into the lease in pen, making sure to cross out any sections that the landlord and tenant agree to remove. Both parties should sign their initials in the margin of the lease near any hand-written changes. Initialing changes serves as evidence that both parties were aware of the changes and agreed to them.

Terms of a rental agreement

Every rental agreement must have certain terms and is prohibited by law from containing certain other terms. 

The lease must set forth the name, address, and phone number of the owner, the person responsible for maintenance, and the person to whom the tenant can give copies of formal notices, complaints, or court papers.

If the landlord receives a security deposit, the lease or rental agreement must show the amount paid and must explain the tenant’s rights to that security deposit money. 

The landlord must make sure that the tenant is given a legible copy of the lease or rental agreement. The lease must not include illegal terms such as: 

• Requiring the tenant to pay the cost of repairing ordinary wear and tear to the apartment;

• Requiring the tenant to have the apartment professionally cleaned at the end of the lease;

• Requiring the tenant to pay for repairs to parts of the building beyond the tenant’s apartment;

• Prohibiting the tenant from suing the landlord or reporting violations of the Sanitary Code;

• Prohibiting the tenant from joining a tenants’ union; or 

• Requiring the tenant to pay a late fee if a rent payment is less than 30 days late.

The lease must include the name, address, and phone number of the owner, the person responsible for maintenance, and the person to whom the tenant can give copies of formal notice.

Payments at the start of tenancy

A landlord may only ask a tenant for the following up-front payments: 

• The first month’s rent; 

• A security deposit to cover the cost of any damage to the apartment beyond normal wear and tear (which may not exceed the amount of one month’s rent); 

• The last month’s rent (the month that will turn out to be the tenant’s last one in the apartment); and 

• The actual cost of a new lock and key for the apartment.

The landlord should provide a signed receipt for any payment that is made with cash or a money order. The receipt must include the amount paid and the date the payment was made, and a description of what the payment was for. The receipt should also include the landlord’s name, the tenant’s name, and the name of the person to whom the payment was given.

Landlords may not charge tenants or prospective tenants up-front pet fees, broker fees, or application fees at the start of a tenancy. Fees for the use of optional “amenities” such as parking, pool, or fitness center do not need to be included in the advertised price if the tenant has the option to decline them.

Security deposits

All security deposits must be deposited in a Massachusetts bank, in an account that collects interest, and within the first month of the tenancy. The deposit must be kept separate from the landlord’s money in an account that is protected from the landlord’s creditors. The landlord must provide the tenant with the name and address of the bank holding the security deposit, plus the actual account number. Each year, the landlord must either pay the tenant the interest on the security deposit or let the tenant deduct that amount from a rent payment. 

The landlord should give the tenant a “statement of condition” within 10 days of beginning the tenancy or upon receipt of the security deposit (whichever is later), which describes the condition of the apartment and any damage that exists at that time. The tenant has 15 days to add to the “statement of condition” or make changes to it. Both parties should keep copies of the final “statement of condition.” 

When the tenancy ends, the landlord must return the security deposit, plus interest, within 30 days. However, the landlord may keep any unpaid rent or the amount of money needed to repair damage done to the apartment beyond normal wear and tear. If the lease provides for it, the landlord may also deduct the tenant’s share of any increase in the landlord’s property taxes. 

If the landlord intends to keep all or a part of the security deposit for damages, then the landlord must give the tenant a written description of the damage and an estimate of the repair cost within 30 days of the tenant moving out.

Last month’s rent

If the tenant provides the landlord with the last month’s rent at the commencement of the tenancy, then the landlord must give the tenant a signed receipt. Like all receipts in the tenancy process, the receipt must include the amount paid, the date the payment was made, a description of what the payment was for, the landlord’s name, the tenant’s name, and the name of the person to whom the payment was given. At the end of each year and when the tenancy ends, the tenant is entitled to any interest earned on the last month’s rent.

All security deposits must be deposited in a Massachusetts bank, in an account that collects interest, and within the first month of the tenancy.

State Sanitary Code

In Massachusetts, the State Sanitary Code, 105 C.M.R. § 410, sets minimum standards for what it means to provide a habitable place in which to live. In general, “habitable” means a place that is comfortable and clean enough for a person to live safely. 

A landlord is required to maintain a unit in a habitable condition throughout the tenancy. The right to habitable housing applies to all occupants of a property, not just tenants. Tenants and occupants can report problems directly to their landlord so that the landlord knows what is wrong and can make prompt repairs. If necessary, a tenant or occupant may ask an inspector from the local board of health to come to the unit, review the conditions, and order the landlord to fix any problems that violate the Sanitary Code. A landlord may not punish a tenant or occupant for reporting Sanitary Code violations to the government. A tenant who is having trouble getting a landlord to make repairs may be able to withhold a portion of the rent or move out, even if there is a lease or rental agreement in place. However, before either withholding rent or moving out, tenants considering these options should contact a private lawyer or legal services for more information and advice. 

Under federal and state law, if the rental property was built before 1978, the landlord and tenant must sign and retain a copy of the Tenant Lead Law Notification and Tenant Certification.38 These forms are to inform the Tenant of known risks and causes of lead poisoning and disclose if it is known that lead-based paint is present in the rental unit. A landlord must also disclose documents related to any lead inspection or risk assessment done on the rental unit, and a Letter of Interim Control or Letter of Compliance issued by the local board of health.

If a child under six will be living in the rental property, the landlord is obligated to delead or bring the lead hazards under interim control. A landlord cannot refuse to rent an apartment to a tenant with young children because of the presence or possibility of lead paint or the costs of deleading.

 You can find your local board of health through the website UpToCode.org, a website developed by Northeast Legal Aid and LemmaLegal with input from partner legal services organizations.

If a landlord does not respond to a tenant’s complaints about a Sanitary Code violation, the tenant may request that a code enforcement officer or the local board of health inspect the apartment.

Eviction

To remove a tenant without the tenant’s agreement a landlord must get permission from the court.39 A landlord cannot evict a tenant by physically removing the tenant or their personal property, or by changing the locks. The landlord must provide notice to the tenant, in most cases this is called a Notice to Quit. The length of the notice depends on the type of tenancy and the reason for eviction. A landlord must then file a civil action (Summary Process Eviction) in court. The tenant may present defenses or file counterclaims. 

If the landlord prevails, the landlord may obtain a judgment from the court and, ultimately, an execution document that allows a Sheriff or Constable to conduct a physical eviction. Any personal property belonging to the tenant must be moved to a licensed public warehouse for storage. The landlord is obligated to pay moving fees but is entitled to reimbursement from the tenant. The tenant is allowed a one-time opportunity to claim items of personal or sentimental value from the storage facility and can claim all personal property from the storage facility upon payment of any fees lawfully charged by the storage facility.

Find help and resolve a dispute

If the landlord and the tenant agree, they may take advantage of services offered through the Attorney General’s Office to resolve a dispute that might otherwise result in an eviction. In addition, the Massachusetts Communities and Development Housing Services Program or the local housing court can  help resolve a dispute between a landlord and a tenant.

If you need help, please contact the Attorney General's Consumer Hotline at (617) 727-8400.

The eviction process

The formal eviction process is called Summary Process. It begins when the landlord serves the tenant with a court document called a Summons and Complaint. During the eviction process the tenant will have the right to raise defenses to the eviction and present counterclaims for monetary damages. Some common defenses to eviction include: 

• Failure to properly terminate the tenancy. 

• The landlord failed to correct known problems with the unit. 

• The landlord is evicting you in retaliation for activities protected by law. 

• Discrimination, including that the landlord failed to make a requested reasonable accommodation necessary to allow a person with a disability to live in the home. 

Defenses and counterclaims are filed with the Court (with a copy given to the landlord) in an Answer. Tenants may also serve (present) the landlord with Discovery Requests, including requests for information and documents that may be necessary at trial. Deadlines are important. Both landlords and tenants should carefully read all notices received from the Court and are encouraged to seek legal assistance as early in the process as possible.

Discrimination in Housing is Against the Law

It is against the law for a landlord to refuse to rent an apartment to someone because of the person’s race, color, national origin, ancestry, sex, marital status, religion, age, sexual orientation, source of income, gender identity or expression or military background, or because the person is disabled. With very limited exceptions, it is also illegal to refuse to rent to someone with children. For more information about housing discrimination, contact the Civil Rights Division of the Attorney General’s Office or the Massachusetts Commission Against Discrimination.

Retaliation is Against the Law

A landlord must not retaliate or threaten to retaliate against a tenant or occupant of housing for exercising their rights. It is illegal for landlords to threaten or take reprisals against tenants or occupants who engage in protected activity.

Protected activity includes, but is not limited to: 

• Reporting conditions to the landlord or property manager;

• Reporting conditions to the local board of health; 

• Filing a complaint in court or with an administrative agency; 

• Organizing or joining a tenant’s union. 

Retaliation can take many forms, but the following are examples of conduct that would be illegal if threatened or taken as a reprisal against a tenant or occupant of the property for engaging in protected activity: 

• Raising the rent; 

• Terminating or failing to renew a lease; 

• Changing the locks; 

• Shutting off the heat or electricity; 

• Starting an eviction proceeding; 

• Reporting a tenant to the police or immigration officials; 

• Harassing a tenant or occupant of the property. 

Certain conduct by landlords will create a legal “presumption” that the conduct was retaliatory if it occurs within six months of a tenant or occupant’s protected activity. A presumption means that if the tenant or occupant were to sue a landlord for retaliation, a court would assume the action was retaliatory unless the landlord could prove otherwise.

For more information, read the full Attorney General's Guide to Landlord and Tenant Rights.

Additional Resources

Open file,  2025 Guide to Landlord and Tenant Rights

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