Massachusetts landlord-tenant law FAQ
54 answers to common Massachusetts landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Massachusetts?
A security deposit of no more than the first month's rent. A landlord may also collect first and last month's rent and the cost of a new lock and key.
Verified Source: M.G.L. c. 186, § 15B(1) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Massachusetts?
Within 30 days after the tenancy ends: return the deposit or balance. Any deduction for damage needs a sworn, itemized list plus estimates, bills, or receipts within the same 30 days, or the right to keep any of it is lost.
Verified Source: Mass. Gen. Laws ch. 186, § 15B(4) · last checked 2026-10-22 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Massachusetts?
A residential lease may let the landlord enter only to inspect, make repairs or show the unit; the landlord may also enter under a court order, if the unit appears abandoned, or in the last 30 days of the tenancy to inspect for damage. Statute text: "No lease relating to residential real property shall contain a provision that a lessor may, except to inspect the premises, to make repairs thereto or to show the same to a prospective tenant, purchaser, mortgagee or its agents, enter the premises before the termination date of such lease" (Mass. G.L. c. 186, § 15B(1)(a)).
Verified Source: Mass. G.L. c. 186, § 15B(1)(a) · last checked 2026-10-16 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Massachusetts?
Lease: rent stays the same for the lease term. Tenancy at will: rent can change only with written notice ending the current tenancy, equal to the rent interval or 30 days, whichever is longer; the notice may offer a new tenancy on different terms.
Verified Source: Mass. Gen. Laws ch. 186, § 12 · last checked 2026-10-22 · Full rent increase notice page
Can a landlord charge a late fee in Massachusetts, and how much?
No interest or penalty for late rent until 30 days after the rent was due.
Verified Source: M.G.L. c. 186 § 15B(1)(c) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Massachusetts?
14 days' written notice to quit for nonpayment.
Verified Source: M.G.L. c. 186 § 11 · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Massachusetts pass rent control?
No city or town may enact, maintain, or enforce rent control of any kind, except under a narrow opt-in that requires voluntary owner participation, excludes owners of fewer than 10 units, and requires the city to compensate owners.
Verified Source: M.G.L. c. 40P, § 4 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Massachusetts?
A tenancy at will can be ended by either party with written notice. When rent is paid monthly, the notice must equal the interval between rent days or 30 days, whichever is longer, so at least one full rental period. Otherwise, three months' notice is required.
Verified Source: M.G.L. c. 186, § 12 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Massachusetts?
Deposits must be held in a separate, interest-bearing Massachusetts bank account, with a receipt (bank, amount and account number) within 30 days. A landlord who holds a deposit for a year or more owes 5% a year, or the lesser rate the bank actually paid, payable each year. Last month's rent also earns interest.
Verified Source: M.G.L. c. 186, § 15B(3)(a)–(b), (2)(b) · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Massachusetts?
A landlord who takes a security deposit must provide a separate written statement of the unit's present condition, listing existing damage, on receipt of the deposit or within 10 days after the tenancy starts, whichever is later. It must carry the statutory bold-type notice.
Verified Source: M.G.L. c. 186, § 15B(2)(c) · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Massachusetts?
Landlords may not retaliate against tenants for enforcing housing laws, reporting violations, or organizing or joining a tenants' union. A notice to quit, rent increase or other adverse action within 6 months after such activity is presumed retaliatory, and the landlord can rebut that only by clear and convincing evidence.
Verified Source: M.G.L. c. 186, § 18 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Massachusetts?
Removing or excluding a tenant without a court order lets the tenant recover possession or end the lease, plus three months' rent or treble damages and attorney's fees. Willfully failing to provide required utilities or services,, is a crime and makes the landlord liable for actual and consequential damages or three months' rent, whichever is greater.
Verified Source: M.G.L. c. 186, §§ 15F, 14 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Massachusetts?
If a board of health, code agency or court certifies sanitary-code violations that endanger the tenant, and the owner was notified in writing but fails to begin repairs within 5 days or substantially complete them within 14 days, the tenant may make the repairs. The tenant may deduct the cost from rent, up to 4 months' rent in any 12 months, or may treat the lease as ended and vacate. In a nonpayment or no-fault eviction, the tenant may raise code violations the landlord knew about as a defense or counterclaim (rent withholding).
Verified Source: M.G.L. c. 111 § 127L; c. 239 § 8A · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Massachusetts?
Disclosures include a deposit receipt and a condition statement, a last-month's-rent receipt with notice of interest rights, and bank details for deposits within 30 days. A copy of the signed lease must be delivered within 30 days.
Verified Source: M.G.L. c. 186, §§ 15B(2)(b)–(c), (3)(a), 15D · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Massachusetts?
When an officer carrying out an eviction removes the tenant's belongings, they must be stored with a licensed public warehouse for the owner, or with a storage facility the tenant chooses in writing. Code text: "he shall forthwith cause it to be stored for the benefit of the owners thereof."
Verified Source: M.G.L. c. 239, Section 4 · last checked 2026-10-16 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Massachusetts?
A tenant may end a tenancy with written notice if a household member is a victim of domestic violence, rape, sexual assault or stalking (within the past 3 months) or reasonably fears imminent serious harm. The tenant must move out within 3 months of the notice, and rent liability ends 30 days or one rental period after moving out.
Verified Source: M.G.L. c. 186, § 24 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Massachusetts?
No lease may impose interest or a penalty for late rent until 30 days after the rent was due.
Verified Source: M.G.L. c. 186, § 15B(1)(c) · last checked 2026-10-15 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Massachusetts?
At or before move-in a landlord may collect only first month's rent, last month's rent, a security deposit and the cost of a new lock and key, so other upfront fees such as application fees are not allowed.
Verified Source: M.G.L. c. 186, § 15B(1)(b) · last checked 2026-10-15 · Full application fees & screening page
Can a landlord refuse Section 8 or other source of income in Massachusetts?
Landlords may not discriminate against public-assistance recipients or tenants with housing subsidies or rental assistance.
Verified Source: M.G.L. c. 151B, § 4(10) · last checked 2026-10-15 · Full source of income discrimination page
Can a tenant withhold rent for repairs in Massachusetts?
In an eviction for nonpayment or a no-fault termination, the tenant may raise claims over the condition of the unit (breach of warranty, lease or law) as a defense or counterclaim, including the difference between the rent and the unit's fair value. For condition claims, the landlord must have known of the problem before the tenant fell behind.
Verified Source: Mass. Gen. Laws ch. 239, § 8A · last checked 2026-10-22 · Full rent withholding / escrow page
What happens if a tenant stays after the lease ends in Massachusetts?
A tenant at sufferance (someone who stays on after the tenancy ends) must pay rent for as long as they occupy or keep the property.
Verified Source: Mass. Gen. Laws ch. 186, § 3 · last checked 2026-10-22 · Full holdover tenants page
Can a tenant fix something and deduct it from rent in Massachusetts?
If a board of health, code agency or court certifies serious sanitary code violations and the owner, after written notice, doesn't start repairs within 5 days and substantially finish within 14 days, the tenant may make the repairs. The tenant may then deduct the cost from rent, up to four months' rent in any 12-month period.
Verified Source: M.G.L. c. 111, § 127L · last checked 2026-10-15 · Full repair and deduct page
Can a tenant sublet an apartment in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no rule on landlord consent to sublet. The lease controls.
Verified Source: M.G.L. chs. 186, 239 (full-text search of the act) · last checked 2026-10-15 · Full subletting & assignment page
What happens to the lease when a tenant dies in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no provision ending a lease when a tenant dies. The only related rule lets estates sue or be sued for rent arrears (c. 186, § 6).
Verified Source: M.G.L. c. 186, § 6; chs. 186, 239 (full-text search of the act) · last checked 2026-10-15 · Full death of a tenant page
Does a landlord have to provide smoke and carbon monoxide detectors in Massachusetts?
One- and two-family dwellings must have approved smoke detectors, installed by the owner, on each level of habitation and in the basement. Larger buildings fall under M.G.L. c. 148 §§ 26A–26B, which this site has not reviewed.
Verified Source: M.G.L. c. 148, § 26E(a) · last checked 2026-10-15 · Full smoke & co detectors page
What is the pet deposits/fees & service/esa animals rule in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no separate rule on pet deposits or pet fees, so any pet deposit falls under the general security-deposit rules in that law. Assistance-animal rules are in fair-housing law, which this site has not reviewed for this topic.
Verified Source: M.G.L. chs. 186 and 239 (full-text search of the act) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Massachusetts?
A search of the full text of M.G.L. chs. 186 and 239 found no requirement for landlords to pay tenants relocation assistance. Government relocation programs, such as those for public projects, are in other laws not reviewed here.
Verified Source: M.G.L. chs. 186 and 239 (full-text search of the act) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the deposit bank holding / separate account rule in Massachusetts?
The landlord must keep the deposit in a separate, interest-bearing account at a Massachusetts bank and give the tenant a receipt naming the bank and account within 30 days. If the landlord does not, the tenant is entitled to the deposit back right away. Code text: "Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth."
Verified Source: M.G.L. c. 186, § 15B(3)(a) · last checked 2026-10-16 · Full deposit bank holding / separate account page
What is the right to cure / redeem rule in Massachusetts?
Yes, for nonpayment under a written lease. A 14-day notice to quit ends the lease unless the tenant pays all rent due, with interest and costs, by the day the answer is due in the eviction case. Code text: "unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit."
Verified Source: M.G.L. c. 186, § 11 (Section 11) · last checked 2026-10-16 · Full right to cure / redeem page
What is the manufactured / mobile home parks rule in Massachusetts?
A manufactured housing community may end a tenancy only for listed reasons, such as nonpayment or a substantial rule violation. It must give at least 30 days' written notice by certified or registered mail that gives the resident a chance to pay or cure. Code text: "may be terminated by the licensee entitled to the manufactured home site or his agent only for one or more of the following reasons."
Verified Source: M.G.L. c. 140, Section 32J · last checked 2026-10-16 · Full manufactured / mobile home parks page
What rights does a tenant have after foreclosure in Massachusetts?
After a foreclosure, the new foreclosing owner cannot evict a tenant except for just cause, or unless there is a binding purchase and sale agreement with a bona fide third-party buyer. Code text: "a foreclosing owner shall not evict a tenant except for just cause or unless a binding purchase and sale agreement has been executed for a bona fide third party."
Verified Source: M.G.L. c. 186A, Section 2 · last checked 2026-10-16 · Full foreclosure tenant protections page
What is the domestic violence early termination rule in Massachusetts?
A tenant may end a tenancy with written notice if a household member is a victim of domestic violence, rape, sexual assault or stalking within the past 3 months, or reasonably fears imminent serious harm from it. Code text: "A tenant or co-tenant may terminate a rental agreement or tenancy and quit the premises upon written notification to the owner that a member of the household is a victim of domestic violence, rape, sexual assault or stalking."
Verified Source: M.G.L. c. 186, Section 24(a) · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in Massachusetts?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-23 · Full military lease termination (federal scra, all states) page
What is the tenant buyout disclosures rule in Massachusetts?
The state landlord-tenant statute (Mass. G.L. c. 186, full-text search 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: Mass. G.L. c. 186 · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in Massachusetts?
The state landlord-tenant statute (Mass. G.L. c. 186, full-text search 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: Mass. G.L. c. 186 · last checked 2026-10-16 · Full guest & occupancy limits page
What is the rental / transient occupancy tax rule in Massachusetts?
Massachusetts imposes a 5% state room occupancy excise on hotels, B&Bs and short-term rentals (with a small exemption for short-term rentals offered 14 days or less a year); local excises may add to it. Statute text: "An excise shall be imposed upon the transfer of occupancy of a room or unit in a bed and breakfast establishment, hotel, lodging house, short-term rental or motel by an operator at the rate of 5 per cent of the total amount of rent for each such occupancy" (Mass. G.L. c. 64G, § 3).
Verified Source: Mass. G.L. c. 64G, § 3 · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the property manager licensing rule in Massachusetts?
In Massachusetts, a person who rents or leases real estate for another for a fee is a "real estate broker," and M.G.L. c. 112, § 87RR bars acting as a broker without a license. Statute text: "sells, exchanges, purchases, rents or leases, or negotiates" (M.G.L. c. 112, §§ 87PP, 87RR).
Verified Source: M.G.L. c. 112, §§ 87PP, 87RR · last checked 2026-10-17 · Full property manager licensing page
What are the Airbnb / short-term rental rules in Massachusetts?
Massachusetts short-term rental operators register with the state Department of Revenue (G.L. c. 62C, § 67), and each city or town may add its own license or registration, cap the number of days a unit can be rented, require health and safety inspections paid for by the operator, and set fines. Every short-term rental must post the locations of fire extinguishers, gas shut-off valves, fire exits and fire alarms inside the unit. Statute text: "A city or town, by ordinance or by-law, may regulate operators registered pursuant to section 67 of chapter 62C" (Mass. Gen. Laws c. 64G, § 14).
Verified Source: Mass. Gen. Laws c. 64G, § 14 · last checked 2026-10-17 · Full short-term rentals (airbnb) page
What is the eviction record sealing rule in Massachusetts?
Massachusetts lets tenants petition the court to seal eviction records. A no-fault eviction record can be sealed any time after the case ends. A nonpayment case can be sealed 4 years after it ends if there has been no nonpayment or fault eviction case against the tenant since and the nonpayment came from economic hardship. A fault eviction can be sealed after 7 years with no new fault case. Statute text: "A person having a court record of a no-fault eviction on file in a court may petition the court to seal the court record at any time after the conclusion of the action" (Mass. Gen. Laws c. 239, § 16(b)-(d)).
Verified Source: Mass. Gen. Laws c. 239, § 16(b)-(d) · last checked 2026-10-17 · Full eviction record sealing page
How does the eviction court process work in Massachusetts?
In a Massachusetts summary process (eviction) case for nonpayment of rent, if the tenancy is ending only for nonpayment, the nonpayment came from financial hardship and the tenant shows a pending application for emergency rental assistance, the court must grant a continuance, stay execution, and not enter judgment until the application is approved or denied. Statute text: "grant a continuance for a period as the court may deem just and reasonable" (Mass. Gen. Laws c. 239, § 15(b)).
Verified Source: Mass. Gen. Laws c. 239, § 15(b) · last checked 2026-10-17 · Full eviction court process & timeline page
What federal protections does a tenant have after foreclosure in Massachusetts?
Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).
Verified Source: Protecting Tenants at Foreclosure Act of 2009, Pub. L. 111-22, div. A, title VII, SEC. 702 (12 U.S.C. 5220 note), as amended by Pub. L. 111-203, SEC. 1484, and restored by Pub. L. 115-174, SEC. 304 (federal law, all states) · last checked 2026-10-23 · Full tenant rights after foreclosure (federal ptfa, all states) page
Can the city inspect my rental property in Massachusetts?
In Massachusetts, local boards of health (or the housing inspection commissioner in Boston, Worcester and Cambridge) enforce the State Sanitary Code in rental housing. Inspection reports must go to the occupants within 7 days and list the violations found, and a person whose request for an inspection is not acted on can appeal to the full board or agency head. Statute text: "Local boards of health shall enforce said code in the same manner in which local health rules and regulations are enforced" (Mass. Gen. Laws c. 111, § 127B).
Verified Source: Mass. Gen. Laws c. 111, § 127B · last checked 2026-10-18 · Full rental inspections page
Does Massachusetts have rent control?
Cities and towns may not enact, maintain or enforce rent control of any kind, except under the narrow voluntary scheme the chapter allows.
Verified Source: Mass. Gen. Laws ch. 40P, § 4 · last checked 2026-10-22 · Full rent control / stabilization page
What is the eviction notices for other grounds (lease violation, no-fault) rule in Massachusetts?
To end a tenancy at will for a reason other than unpaid rent, written notice equal to the rent interval or 30 days, whichever is longer, is required (three months if rent is paid less often). Nonpayment needs 14 days' written notice.
Verified Source: Mass. Gen. Laws ch. 186, § 12 · last checked 2026-10-22 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the scra / military lease termination rule in Massachusetts?
No state statute letting service members end a residential lease early was found in Mass. Gen. Laws chapter 186. Federal SCRA rules still apply.
Verified Source: Mass. Gen. Laws ch. 186 · last checked 2026-10-22 · Full scra / military lease termination page
Does a landlord need just cause to evict in Massachusetts?
Just cause is required only after foreclosure: a foreclosing owner may not evict a tenant except for just cause or unless a binding purchase and sale agreement with a bona fide third-party buyer has been signed.
Verified Source: Mass. Gen. Laws ch. 186A, § 2 · last checked 2026-10-22 · Full just-cause eviction page
Do landlords need a rental license or registration in Massachusetts?
No state statute requiring landlords to register rental units was found in Mass. Gen. Laws chapter 186.
Verified Source: Mass. Gen. Laws ch. 186 · last checked 2026-10-22 · Full rental licensing / registration page
What is the warranty of habitability in Massachusetts?
Rental housing must meet the state sanitary code, which the Department of Public Health adopts under this section. Tenants facing eviction for nonpayment may raise breach of warranty and code violations as a defense or counterclaim (ch. 239 § 8A).
Verified Source: Mass. Gen. Laws ch. 111, § 127A; ch. 239, § 8A · last checked 2026-10-22 · Full habitability / warranty of habitability page
What disclosures must a landlord give in Massachusetts?
On written request of a tenant or certain officials, the landlord must disclose in writing within 15 days the name of the company insuring the property against fire loss.
Verified Source: Mass. Gen. Laws ch. 186, § 21 · last checked 2026-10-22 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page
Does a landlord have to give notice before not renewing a lease in Massachusetts?
No state statute requiring advance notice of lease renewal or nonrenewal for a fixed-term lease was found in Mass. Gen. Laws chapter 186.
Verified Source: Mass. Gen. Laws ch. 186 · last checked 2026-10-22 · Full lease renewal / non-renewal notice page
How much does it cost to file an eviction in Massachusetts?
Filing an eviction (summary process) costs $135 in Housing Court ($120 entry fee plus $15 surcharge) or $195 in District Court or the Boston Municipal Court ($180 plus $15 surcharge).
Verified Source: Mass. Gen. Laws ch. 185C, § 19 ($120); ch. 262, § 2 ($180); ch. 262, § 4C ($15 surcharge) · last checked 2026-10-23 · Full eviction filing fees page
Can a landlord deny a tenant for criminal or credit history in Massachusetts?
A landlord who has an applicant's criminal record must give the applicant a copy before asking about criminal history, and must also give it if the landlord turns the applicant down because of that history.
Verified Source: Mass. Gen. Laws ch. 6, § 171A · last checked 2026-10-22 · Full criminal & credit history rules page
What is the rent receipts, payment methods & cash rule in Massachusetts?
If a lessor or the lessor's agent receives, at or before the start of a tenancy, rent in advance for the last month of the tenancy, the lessor or agent must at that time give the tenant or prospective tenant a receipt that states the amount, the date it was received, that it is to be applied as rent for the last month of the tenancy, the name of the person who received it, and if an agent received it the name of the lessor, a description of the premises, a statement that the tenant is entitled to interest at five per cent per year or any lesser amount of interest actually received from the bank where the deposit has been held, and a statement that the tenant should give the lessor a forwarding address at the end of the tenancy for sending that interest. Interest at that rate starts on the first day of the tenancy and must be paid to the tenant each year. If the tenancy ends before the anniversary date, all accrued interest is due within 30 days after termination. Interest does not accrue for the last month for which rent was paid in advance. At the end of each year of the tenancy the lessor must give or send a statement of the amount payable and must give or send the interest due or tell the tenant that the tenant may deduct it from the next rent payment. If 30 days after the end of the year the tenant has not received the interest or that notice, the tenant may deduct the interest from the next rent payment. If the lessor does not pay interest then due within 30 days after the tenancy ends, the tenant may recover three times that interest, together with court costs and reasonable attorney's fees. A full-text search of M.G.L. c. 186 (current official sections fetched 2026-11-12; repealed §§ 1 and 2 were not fetched) found no statewide rule requiring or banning payment of ordinary periodic rent in cash, by check, or by electronic funds transfer. Section 15B(2)(b) through (d) are security deposit receipt, condition-statement, and record rules and are not summarized here. Example: if a landlord takes last month's rent in advance when the lease is signed, the landlord must give that receipt at the time of the advance payment and must pay the yearly interest described above.
Verified Source: M.G.L. c. 186 § 15B(2)(a) · last checked 2026-11-12 · Full rent receipts, payment methods & cash page
What is the condo conversion protections rule in Massachusetts?
St. 1983, c. 527, as amended by St. 1989, c. 709, and further amended by Acts 2024, c. 150, § 57, is a statewide condominium and cooperative conversion law that applies to housing accommodations in every city or town unless a local exception in the act applies. A city or town may, by a two-thirds vote of the city council with the approval of the mayor, or a two-thirds vote of a town meeting or town council, adopt an ordinance or by-law with tenant protections that differ from those in the act. An ordinance or by-law that imposes additional provisions or requirements is not applicable to housing accommodations constructed or converted from a non-housing to a housing use after the effective date of the act, to housing accommodations constructed or substantially rehabilitated under a federal mortgage insurance program without an interest subsidy or tenant subsidy, or to housing accommodations financed through the Massachusetts Housing Finance Agency with an interest subsidy. A city or town that has already adopted a conversion ordinance or by-law under a special act is exempt from this act, and the act does not restrict that city or town from amending or repealing its ordinance or by-law under the special act. The definition of housing accommodation excludes housing owned or operated by the United States, the commonwealth, or an authority created under their laws; housing in certain hospitals, convents, monasteries, asylums, public institutions, charitable or educational college or school dormitories, and nursing or rest homes for the aged; and housing in hotels, motels, inns, tourist homes, and rooming and boarding houses occupied by transient guests staying fewer than 14 consecutive calendar days. As amended in 1989, the definition also excluded buildings containing fewer than four residential units, except buildings that are part of a housing development. Acts 2024, c. 150, § 57 changed the first use of the word "buildings" in that 1989 clause to "owner-occupied buildings," so the exclusion is now owner-occupied buildings containing fewer than four residential units, except buildings that are part of a housing development. A housing development is two or more adjacent, adjoining, or contiguous buildings under common legal or beneficial ownership that are used in whole or in part for residential purposes and that contain four or more units. If a building submitted to G.L. c. 183A or c. 157 has been used in whole or in part for residential purposes within one year before the recording of a master deed or the filing of articles of organization creating a housing cooperative, the owner must give each tenant of the housing accommodations a written notice of intent to convert. Notices under section 4 are given when delivered in person or mailed by certified or registered mail, return receipt requested, and, after the 1989 amendment, are given to tenants at the time the owner converts any part of the building or housing development, except as section 4 otherwise provides for certain housing developments. The period of notice may not be less than the remaining term of any written occupancy agreement or one year from the date the tenant is given the notice of intent, whichever is greater. If the housing accommodation is occupied in whole or in part by a handicapped tenant, or is occupied by an elderly tenant (a resident who has reached age 62 as of receipt of the notice) or a low or moderate income tenant (a household whose total income for the 12 months immediately before the notice date is less than 80 percent of the HUD area median income), the period of notice may not be less than two years from the date the tenant receives the notice. The tenant has the burden of proving qualifications as to age, handicap, and income. No person may seek or conduct a condominium or cooperative conversion eviction until those notice periods expire. A conversion eviction does not include an eviction for nonpayment of rent or other violation of a rental agreement. The 1989 amendment adds that, for this definition, eviction includes an action by an owner that causes substantial deprivation of a tenant's beneficial use, materially impairs beneficial enjoyment, or is intended to compel the tenant to vacate or be constructively evicted, and that an eviction is presumed to be a conversion eviction if the owner has the intent to convert. A tenant entitled to the notice of intent has a right to purchase the occupied unit on terms and conditions substantially the same as or more favorable than those the owner extends to the public generally for the 90 days following expiration of the tenant's right to purchase. The tenant may exercise that right by executing a purchase and sale agreement before the expiration of 90 days after receiving a copy of the purchase and sale agreement properly executed by the person offering the unit for sale. If the tenant does not purchase that housing accommodation or another housing accommodation in the same building or buildings, the owner must pay relocation benefits for the actual, documented costs of moving, not to exceed 750 dollars per housing accommodation, or 1,000 dollars if the housing accommodation is occupied in whole or in part by a handicapped tenant or is occupied by an elderly or low or moderate income tenant. Those benefits are payable within 10 days after the tenant vacates, but only if all rent due and payable under the rental agreement or any extension has been paid before the unit is vacated and the tenant voluntarily vacates on or before the expiration of the notice period. During the notice period, the owner of a converted unit must assist elderly, handicapped, and low or moderate income tenants who qualified as of receipt of the notice in locating, within the notice period, comparable rental housing in the same city or town, at a rent equal to or less than the tenant had been paying, for at least the remainder of the notice period. Failure to find that substitute housing extends the notice period until the owner locates such housing, or for two additional years, whichever occurs first. The owner must give a tenant entitled to the notice an extension of the rental agreement until the expiration of the notice period or the 90-day right to purchase period, whichever is later. The provisions of that rental agreement may not otherwise be modified except as to the amount of annual rent. The total rent increase for any one year during the period of notice may not exceed the percentage increase in the consumer price index for all urban consumers, as published by the United States Department of Labor, Bureau of Labor Statistics, for the calendar year immediately preceding the date of receipt of the notice of intent to convert, or 10 percent, whichever is less; this does not limit amounts that may be due under a valid tax escalation clause. The rights in section 4(a) through (e) vest with tenants in a building or housing development when the owner converts any unit in that property, except as paragraph (a) otherwise provides for certain housing developments. If a tenant who is entitled to the notice of intent vacates before the initial sale and transfer of title to the unit as a condominium unit, the owner must give each prospective tenant written notice, before the tenancy begins, that the unit is a condominium unit and, if applicable, that the unit is currently being offered for sale or will be offered for sale within 90 days of the inception of the tenancy. The district and superior courts, and the housing courts, have jurisdiction over an action arising from a violation of the act or of an ordinance or by-law adopted under it, including jurisdiction in equity to restrain a violation. This summary is limited to St. 1983, c. 527, as amended by the official St. 1989, c. 709 text and by Acts 2024, c. 150, § 57 as published on the General Court website. A later session law, a special act, or a local ordinance or by-law adopted under the act may also apply.
Verified Source: St. 1983, c. 527, as amended by St. 1989, c. 709, and Acts 2024, c. 150, § 57 · last checked 2026-11-12 · Full condo conversion protections page
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