Understanding Your Lease Rights in Massachusetts
Updated 4 days ago (March 7, 2026)
Permitted Move-In Charges
Massachusetts strictly limits what landlords can charge at the start of a tenancy. Under Section 15B, the only permitted move-in charges are first month's rent, last month's rent, a security deposit equal to one month's rent, and the cost of a new lock and key. No other charges are allowed. Application fees, administrative fees, move-in fees, pet deposits, and cleaning deposits are all prohibited.
This restriction is one of the most unique and protective in the country. In most states, landlords can charge various fees at move-in. In Massachusetts, the list is exhaustive and cannot be expanded. Any charge beyond the four permitted categories is a violation of Section 15B, and the tenant can recover three times the wrongful charge plus attorney fees.
Real estate agents' fees (broker fees) are a contested area. While brokers can charge their own fee for services, a landlord cannot require a tenant to pay a broker fee as a condition of renting. If you are charged a broker fee, understand that this is a separate transaction between you and the broker, and the landlord cannot mandate it.
Utility Disclosure Requirements
Massachusetts requires landlords to disclose the utility payment structure before signing a lease. Under Section 15F, if the tenant will be paying for utilities that serve areas beyond the tenant's unit (such as common area lighting or another unit's heat), the landlord must disclose this in writing before the lease is signed.
The disclosure must explain which utilities the tenant is responsible for and whether any of those utilities serve areas outside the tenant's unit. If the landlord fails to make this disclosure, the tenant is not liable for the shared utility costs and can recover any amounts already paid. This protection prevents landlords from secretly passing common area utility costs to tenants.
For metered utilities, the landlord must ensure that each unit has separate meters or that shared meters are properly disclosed. If your electric or gas meter serves more than just your unit, the landlord must either pay the shared portion or clearly disclose the arrangement before you sign the lease.
Prohibited Lease Terms
Massachusetts law invalidates several types of lease provisions. Clauses waiving the warranty of habitability are void under common law and statute. Clauses allowing the landlord to seize the tenant's property for unpaid rent (distress for rent) have been abolished. Clauses requiring the tenant to waive the right to a jury trial in eviction proceedings are unenforceable.
Acceleration clauses (requiring payment of all remaining rent upon lease breach) are generally unenforceable in Massachusetts residential leases. Courts view them as penalties rather than legitimate liquidated damages. Similarly, provisions allowing the landlord to enter the unit without reasonable notice (except in emergencies) violate the tenant's right to quiet enjoyment.
Any lease provision that contradicts a statute designed to protect tenants is void. This includes provisions waiving security deposit protections, retaliation protections, or code enforcement rights. If your lease contains such provisions, they are unenforceable even if you signed the lease agreeing to them.
Lease Termination and Notice
For tenancies at will (month-to-month), either party must give at least 30 days' notice or a full rental period, whichever is longer. The notice must end on a rent payment date. For example, if rent is due on the first and you want to leave by April 1, you must give notice by March 1.
Fixed-term leases end on their stated date without requiring notice unless the lease specifies otherwise. If the lease has an automatic renewal clause, follow the required notice period to prevent renewal. If neither party gives notice and the tenant remains, the tenancy typically converts to a month-to-month at the same rent.
Massachusetts tenants can break a lease early without penalty in cases of domestic violence (MGL Chapter 186 Section 24), active military service (SCRA), uninhabitable conditions that the landlord refuses to fix, and illegal apartment situations (where the unit was rented illegally). In each case, provide written notice with appropriate documentation.
Legal References
Legal Disclaimer: Tellus provides this content for informational purposes only. This is not legal advice. Laws vary by state and locality, and regulations may have changed since this article was published. Consult a qualified attorney for guidance specific to your situation.