Massachusetts, known for its rich history and vibrant cities, is a desirable location for tenants and landlords alike. With its tenant-friendly regulations and emphasis on habitability, landlords in the Bay State must navigate a complex legal landscape. 

Our blogpost provides a comprehensive overview of landlord responsibilities in Massachusetts, ensuring compliance with state laws and fostering successful tenant relationships.

Overview of Massachusetts Landlord-Tenant Law

Massachusetts landlord-tenant relationships are governed by Massachusetts General Laws Chapter 186, Chapter 239, and the State Sanitary Code (105 CMR 410). These laws outline the rights and responsibilities of both parties, emphasizing habitability, fair practices, and mutual accountability. Massachusetts does not have rent control, but its robust tenant protections ensure that rental properties meet specific safety and health standards.

While the state lacks rent control, it enforces strict rules on security deposits, evictions, and maintenance obligations. This balance positions Massachusetts as moderately landlord-friendly, particularly for landlords who adhere to its clear regulations.

(Massachusetts Attorney General’s Guide)

Massachusetts Landlord Obligations in Maintenance

Habitability Standards

Under the State Sanitary Code, landlords must provide rental properties that are safe and habitable. Key requirements include:

  • Functional heating, water, and electrical systems.
  • Proper waste disposal and pest-free living conditions.
  • Safe structural elements, such as stairs and roofs, and cleared snow in common areas.

Repair Timelines

Landlords must address repair requests within 14 days of receiving written notice from tenants. Failure to do so allows tenants to:

  • Withhold rent until repairs are made.
  • Use the "repair-and-deduct" remedy, deducting repair costs (up to $500 or half a month’s rent) from their rent.

Security Deposit Compliance

Massachusetts law requires landlords to:

  • Limit security deposits to one month’s rent.
  • Store deposits in a separate, interest-bearing account and disclose the account details to tenants.
  • Return security deposits within 30 days of lease termination, with deductions only for unpaid rent, damage beyond normal wear and tear, or agreed-upon expenses.

Failure to comply can result in penalties of up to three times the deposit amount plus attorney fees and court costs.

Tenant Maintenance Responsibilities

While landlords bear the primary responsibility for habitability, tenants have obligations to maintain the rental property. Key responsibilities include:

  • Keeping the unit clean, safe, and habitable.
  • Performing minor maintenance tasks, such as changing light bulbs.
  • Disposing of garbage promptly and properly.
  • Informing landlords of hazardous conditions or necessary repairs in writing.

Tenants must avoid causing damage beyond normal wear and tear and obtain written consent for any property modifications, such as changing locks.

Legal Implications of Non-Compliance for Landlords and Tenants

Consequences for Landlords

Landlords who fail to meet their legal obligations may face:

  • Fines and penalties for safety and health code violations.
  • Tenant-initiated lawsuits for damages or non-compliance.
  • Rent withholding or early lease termination by tenants.

Tenant Remedies

If landlords neglect their duties, tenants can:

  • File complaints with the local Board of Health.
  • Take landlords to small claims court for security deposit disputes or other violations.
  • Utilize the "repair-and-deduct" remedy to address unfulfilled maintenance requests.

Bottom Line

Understanding Massachusetts landlord responsibilities is crucial for fostering positive tenant relationships and avoiding legal pitfalls. By maintaining habitable properties, complying with repair timelines, and following security deposit regulations, landlords can protect their investments and ensure tenant satisfaction. Staying informed about evolving laws and seeking professional advice when needed is the key to long-term success in the Massachusetts rental market.