Massachusetts Lease Agreement Review
Massachusetts has one of the most technical deposit laws in the country, and small mistakes cost landlords dearly. Chapter 186, section 15B controls everything from what you can be asked to pay before moving in to the bank where the deposit sits. It also bars late fees until rent is 30 days overdue, a rule that surprises tenants arriving in Boston or Worcester from other states.
Security deposit
1 month
Entry notice
No statutory notice period
Security deposits in Massachusetts
Massachusetts caps deposits at one month’s rent with strict escrow and interest rules. It sets no fixed entry-notice period but limits entry to inspections, repairs and showings.
Massachusetts lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Massachusetts
Massachusetts does not fix an entry-notice period by statute, so the lease controls, which makes the entry clause worth reading closely. A fair lease should still require reasonable advance notice (at least 24 hours) for non-emergency entry.
Habitability and repairs in Massachusetts
Like nearly every state, Massachusetts recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What can a Massachusetts landlord collect at move-in?
Only four items: first month's rent, last month's rent at the same rate, a security deposit no larger than one month's rent, and the cost of buying and installing a new lock and key. Nothing else may be required at or before the start of the tenancy. The deposit must sit in a separate, interest-bearing account at a bank located in Massachusetts, and you must get a receipt within 30 days naming the bank, the amount and the account number.
Statement of condition and interest
When the deposit is paid, or within 10 days after the tenancy begins if later, the landlord must give you a signed statement of the unit's condition. You have 15 days to return it or attach your own list of damage. For deposits held a year or more, interest runs at 5% a year, or the lower rate the bank pays, paid annually or credited to rent. Interest also accrues on prepaid last month's rent.
The 30-day deadline and treble damages
Within 30 days after the tenancy ends, the landlord must return the deposit or send an itemized list of damage, sworn under the pains and penalties of perjury and backed by estimates or receipts. Failing to use a proper account, to itemize or to return the deposit on time forfeits the right to keep any of it and can make the landlord liable for three times the amount owed, plus 5% interest, court costs and attorney fees.
Massachusetts sources checked 2026-10-09: M.G.L. c. 186, s. 15B (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Massachusetts lease
- Security deposit vs the Massachusetts limit, and the return terms
- Landlord entry notice against Massachusetts requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Massachusetts lease FAQ
How much can a landlord charge for a security deposit in Massachusetts?
As of October 2026, the security-deposit rule in Massachusetts is: 1 month. Massachusetts caps deposits at one month’s rent with strict escrow and interest rules. It sets no fixed entry-notice period but limits entry to inspections, repairs and showings. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Massachusetts law when you run your lease.
How much notice must a landlord give before entering in Massachusetts?
Massachusetts does not set a fixed entry-notice period by statute, so the lease and your right to quiet enjoyment control. Best practice, and what a fair lease should require, is at least 24 hours’ advance notice for non-emergency entry.
Can a Massachusetts lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Massachusetts lease; it does not override your rights.
How much can a landlord charge as a security deposit in Massachusetts?
Massachusetts caps it: 1 month. Massachusetts caps deposits at one month’s rent with strict escrow and interest rules. It sets no fixed entry-notice period but limits entry to inspections, repairs and showings. 5 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Massachusetts treat deposits the same way?
No, and the gap can be large: Connecticut (2 months (1 month if tenant is 62+)), New Hampshire (1 month or $100 (whichever is greater)), New York (1 month (HSTPA, 2019)), Vermont (No statewide cap). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Massachusetts's.
Is there anything specific to Massachusetts tenants should know?
Massachusetts caps deposits at one month’s rent with strict escrow and interest rules. It sets no fixed entry-notice period but limits entry to inspections, repairs and showings. With no statutory notice period for entry, the access clause in the lease is what governs, so read it rather than assuming a default.
When can a Massachusetts landlord charge a late fee?
Not until rent is 30 days overdue. M.G.L. c. 186, s. 15B(1)(c) bars any lease from imposing interest or a penalty for late rent until 30 days after it is due. A lease that charges a fee on the fifth or tenth of the month conflicts with that rule, so flag it before you sign.
Can a Massachusetts landlord charge a pet fee or other upfront fee at move-in?
Under section 15B, the only amounts a landlord can require at or before the start of a tenancy are first and last month's rent, a deposit capped at one month's rent, and the cost of a new lock and key. Other upfront charges, such as a pet deposit or a move-in fee, fall outside that list.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 4 of the 5 states bordering Massachusetts use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Massachusetts landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Massachusetts law when you run your lease, and you should confirm anything critical with a qualified Massachusetts attorney.