How to become a landlord in Massachusetts

Before a tenancy begins, give the tenant the state's lead poisoning notification materials and standard form, the most recent lead inspection report, letter of interim control, letter of compliance or abatement plan, and two copies of a certification that the tenant received them. With a deposit, give the receipts and the statement of condition. Other documents may be due on request (Mass. G.L. c. 111, § 197A(d); Mass. G.L. c. 186, § 15B(2); Mass. G.L. c. 186, § 21).

• The lead form names the owner or managing agent with address and telephone number, and the owner must disclose what the owner actually knows about lead paint. Failure costs all resulting damages and a penalty of up to $1,000 (Mass. G.L. c. 111, § 197A(d), (e)).
• If a landlord orally agreed to a lease and got the tenant's signature, deliver a copy signed by the landlord within thirty days (Mass. G.L. c. 186, § 15D).
• On written request, disclose within fifteen days the fire insurer, the amount of coverage and who would be paid for a loss (Mass. G.L. c. 186, § 21).
• A clause making the tenant pay real estate tax increases must state the tenant's proportionate share, the exact percentage and the refund of any abatement (Mass. G.L. c. 186, § 15C).
• A lease clause that ends the lease if the tenant has children is void (Mass. G.L. c. 186, § 16).

The deposit receipt names the person who received the deposit and, for an agent, the landlord. The lead notification form names the owner or managing agent with address and telephone number. A new owner who takes over a deposit or last month's rent tells the tenant in writing within 45 days, with the owner's and any agent's name, business address and business telephone number. Posting rules in the State Sanitary Code were not read for this page (Mass. G.L. c. 186, § 15B(2)(b); Mass. G.L. c. 186, § 15B(5); Mass. G.L. c. 111, § 197A(d)(1)).

• On request, give the fire insurance details within fifteen days (Mass. G.L. c. 186, § 21).

No section of chapter 186 requires a landlord to disclose flood risk or flood history (Mass. G.L. c. 186).

One- and two-family homes need approved smoke detectors on each level of habitation and the basement, at the base of each stairway and outside each sleeping area. Buildings of three to five units need them outside each sleeping area plus interconnected hard-wired detectors in common hallways and basements. Homes with fossil-fuel equipment or enclosed parking need working carbon monoxide alarms, installed so they work at the start of each rental period and maintained each year, with batteries or alarms replaced when necessary. Rules for larger buildings were not read for this page (Mass. G.L. c. 148, § 26E; Mass. G.L. c. 148, § 26F1/2).

• A seller must equip a residential building with approved smoke detectors on sale or transfer (Mass. G.L. c. 148, § 26F).
• The fire department inspects carbon monoxide alarms on sale or transfer (Mass. G.L. c. 148, § 26F1/2(c)).

Chapter 186 has no general rekeying rule. When a tenant or adult household member reasonably believes they face an imminent threat of domestic violence, rape, sexual assault or stalking at the home and asks for a lock change, the owner must within 2 business days make a good faith effort to change the locks, or allow the tenant to, and to give a new key. The State Sanitary Code was not read for this page (Mass. G.L. c. 186, § 26).

• If the owner does not act within 2 business days, the tenant may change the locks, with locks of similar or better quality, and must try to give the owner a key within 2 business days if the lease requires one (Mass. G.L. c. 186, § 26(e)).
• The owner may charge no more than the customary price for changing locks in the community, and may deny a key to an alleged perpetrator who is a household member when shown a protective order or court or police record (Mass. G.L. c. 186, § 26(c), (d)).
• An owner who blocks a permitted lock change or fails to try to give a key owes actual damages or three months' rent, whichever is greater, plus fees, unless acting in good faith (Mass. G.L. c. 186, § 26(g)).
• The cost of buying and installing a key and lock is one of the few amounts a landlord may charge at move-in (Mass. G.L. c. 186, § 15B(1)(b)(iv)).

A security deposit may not be more than the first month's rent. At or before the start of a tenancy, the only amounts a landlord or the landlord's agent may require the tenant to pay them are the first month's rent, the last month's rent at the same rate, a security deposit equal to the first month's rent, and the purchase and installation cost of a key and lock. No other move-in charge is allowed (Mass. G.L. c. 186, § 15B(1)(b); Mass. G.L. c. 186, § 15B(1)(d)).

• The deposit is allowed only if it is held in a separate account as the law requires and the tenant receives the statement of condition (Mass. G.L. c. 186, § 15B(1)(b)(iii)).
• After the tenancy begins, a landlord or a later owner may not demand rent in advance beyond the current month's rent, or a deposit larger than the law allows (Mass. G.L. c. 186, § 15B(1)(d)).
• Since August 1, 2025, the limit also covers the landlord's agent: neither the landlord nor the landlord's agent may require the tenant to pay them anything beyond these amounts, so a broker working for the landlord cannot charge the tenant a fee at or before move-in (Mass. G.L. c. 186, § 15B(1)(b)).
• The statute lets the state housing office adopt rules for an optional fee in place of a deposit. Any such fee, with any deposit, may never total more than one month's rent. Whether such rules have been adopted was not checked for this page (Mass. G.L. c. 186, § 15B(1)(b)(iii)).
• A lease term that conflicts with the deposit law, or a tenant's waiver of it, is void (Mass. G.L. c. 186, § 15B(8)).
• The deposit rules do not apply to a vacation or recreational rental of 100 days or less (Mass. G.L. c. 186, § 15B(9)).

Hold the deposit in a separate, interest-bearing account in a bank located in Massachusetts, on terms that keep it beyond the reach of your creditors and let it pass to a later owner. Give the tenant a signed receipt when you take the deposit, and within 30 days a second receipt naming the bank and its location, the amount and the account number. Missing the account or the 30-day receipt entitles the tenant to the immediate return of the deposit (Mass. G.L. c. 186, § 15B(3)(a); Mass. G.L. c. 186, § 15B(2)(b); Mass. G.L. c. 186, § 15B(3)(b)).

• The first receipt shows the amount, the date, the name of the person receiving it (and the landlord's name if an agent takes it) and a description of the home, and is signed by the person receiving it (Mass. G.L. c. 186, § 15B(2)(b)).
• The deposit remains the tenant's property and may not be mixed with the landlord's assets (Mass. G.L. c. 186, § 15B(1)(e)).
• If you hold the deposit for a year or more, pay interest from the first day at 5 percent a year, or the lower amount the bank paid. At the end of each year of the tenancy send a statement with the bank's name and address, the amount, the account number and the interest owed, and pay the interest or tell the tenant to deduct it from the next rent. If the tenancy ends before an anniversary, pay the accrued interest within 30 days (Mass. G.L. c. 186, § 15B(3)(b)).
• If a tenant does not receive the interest or the notice within 30 days after a year ends, the tenant may deduct the interest from the next rent (Mass. G.L. c. 186, § 15B(3)(b)).
• Last month's rent collected in advance also needs a receipt at the time of payment, earns interest at 5 percent a year or the lower bank amount from the first day (none for the last month itself), and is paid or credited each year. Failing to pay that interest within 30 days after the tenancy ends costs three times the interest, plus costs and fees (Mass. G.L. c. 186, § 15B(2)(a)).

A landlord who takes a security deposit must give the tenant a separate written statement of the home's present condition, when the deposit is received or within ten days after the tenancy begins, whichever is later. It lists any damage then existing, including sanitary or building code violations certified by a board of health or building official or found by a court, is signed by the landlord or agent, and carries the statutory notice in twelve-point bold-face type at the top of the first page (Mass. G.L. c. 186, § 15B(2)(c)).

• The notice tells the tenant to sign the statement if it is correct, or attach a signed list of damage, and return it within fifteen days after receiving it or after moving in, whichever is later (Mass. G.L. c. 186, § 15B(2)(c)).
• If the tenant returns a list of damage, the landlord has fifteen days to return a copy with a signed agreement or a clear statement of disagreement (Mass. G.L. c. 186, § 15B(2)(c)).
• Damage listed on the statement cannot later be deducted from the deposit, unless you repaired it and can prove the new damage is unrelated and was caused by the tenant (Mass. G.L. c. 186, § 15B(4)).
• A deposit may be required only if the tenant is given the statement (Mass. G.L. c. 186, § 15B(1)(b)(iii)).

At or before the start of a tenancy, a landlord or the landlord's agent may not require any payment to them beyond first month's rent, last month's rent, a security deposit equal to one month's rent and the cost of a key and lock. The list has no application fee (Mass. G.L. c. 186, § 15B(1)(b)).

• A lease term that conflicts with this rule, and any waiver of it, is void (Mass. G.L. c. 186, § 15B(8)).