In Massachusetts, tenants should be aware that there are no statewide rent control laws, meaning there’s no legal limit on how much a landlord can increase the rent. Market forces determine rental prices. However, landlords must provide proper notice before increasing rent, and they must comply with fair housing laws.
Key Regulations and Tenant Rights
- No Rent Control: Massachusetts law does not impose any legal limit on rent increases. Landlords can set new rent amounts based on market conditions or their discretion. Rent control was abolished in 1994, and there has been no reinstatement of such measures at the state level since then.
- Lease Agreements: During a lease term, the rent cannot be increased unless the lease specifies such conditions. Landlords are not permitted to increase rent while a lease is in effect.
- Notice Requirements: Landlords must provide a clear notice of rent increase to tenants. For a tenancy-at-will, landlords must give at least 30 days’ notice before the increase takes effect. This timeframe may be longer if rent payments are made less frequently than monthly; for example, 60 days’ notice is required for bi-monthly payments.
- Fair Housing Laws: Fair housing laws require landlords to treat all tenants fairly and without discrimination. Landlords cannot increase rent based on a tenant’s race, color, national origin, sex, disability, or familial status.
- Tenant’s Agreement: Without a tenant’s agreement to the new terms, any rent increase notice remains a demand, not an obligation to pay. Tenants are only obligated to pay the existing rent if they disagree with the increase.
- Challenging Rent Increases: Tenants have the right to challenge unfair rent increases under state laws.
Other Important Laws
- Rental Agreements: No rental agreement is needed for tenancies shorter than 12 months. For tenancies longer than 12 months, a well-drafted and legally compliant rental agreement is essential. This agreement must include the rental unit’s description, rent amount, due date, and late fees, lease duration, and landlord and tenant’s rights and responsibilities.
- Security Deposits: Landlords must store security deposits in interest-bearing accounts. Tenants can request a receipt for their deposit within 30 days.
- Late Fees: Landlords can impose a late fee only if the rent is over 30 days late.
Resources for Tenants
- Tenants can negotiate with landlords if they feel a rent increase is unreasonable.
- They may also seek assistance from resources like MassLegalHelp, which provides guidance on housing rights and how to deal with disputes.
Understanding these laws helps tenants protect themselves from potential disputes.
Sources:
- https://www.steadily.com/blog/rent-increase-laws-regulations-massachusetts
- https://rentpost.com/resources/article/raise-rent-laws-in-massachusetts/
- https://www.steadily.com/blog/mid-term-rental-laws-regulations-massachusetts
- https://www.mass.gov/info-details/tenant-rights
