Recent legislation affecting landlords, tenants, and homeowners across the Commonwealth — summarized plainly, with links to the original sources.
Massachusetts law now requires that whoever hires a real estate broker pays the broker's fee. If a landlord engages a broker to find a tenant, the landlord pays — the cost cannot be passed to the tenant. Charging tenants a broker fee is now illegal under state law. This applies to all residential rentals statewide and is one of the most significant changes to Massachusetts rental law in years.
Read More →Governor Healey signed the Affordable Homes Act in August 2024, authorizing $5.16 billion in bond spending to address the state's housing crisis. The law expands funding for housing production and preservation, updates zoning tools available to municipalities, strengthens tenant protections, and funds first-time homebuyer programs. It is the largest investment in housing in Massachusetts history.
Read More →Section 3A of M.G.L. c. 40A requires all communities served by the MBTA to adopt zoning that permits multifamily housing by-right near transit stations. More than 170 municipalities across Greater Boston are subject to this requirement. Communities out of compliance face loss of state funding. This law is reshaping development patterns across the suburbs — including in many of the cities Embar serves.
Read More →Massachusetts enacted legislation allowing tenants to petition courts to seal their eviction records under certain circumstances — including cases that were dismissed, cases where the tenant prevailed, and non-payment cases resolved before judgment. A sealed record does not appear in background check databases. Landlords should understand what they can lawfully access during the tenant screening process and consult the attorney general's guidance on allowable inquiries.
Read More →Massachusetts requires all short-term rental operators — including those listing on Airbnb, VRBO, or similar platforms — to register with the state and collect the state lodging excise tax. Local communities may also impose an additional local tax. Units rented for 31 consecutive days or fewer are considered short-term rentals. Failure to register or remit tax can result in penalties. If you rent any unit on a short-term basis, this law applies to you.
Read More →Under the Massachusetts Lead Law (M.G.L. c. 111), landlords who rent to any household with a child under six years old are legally required to have their pre-1978 property inspected for lead and bring it into compliance. Failure to comply can result in loss of rent, civil liability, and the inability to enforce a lease. The law applies regardless of whether the landlord knew a child under six would live in the unit. Deleading is not optional — it's a legal obligation.
Read More →Massachusetts State Sanitary Code (105 CMR 410.000) sets the minimum conditions a landlord must maintain. Required: heat to at least 68°F when outdoor temperatures fall below 45°F; hot water at a minimum of 110°F; working plumbing, electrical systems, and smoke and carbon monoxide detectors; freedom from pests and structural hazards. Tenants can contact their local board of health or inspectional services department to report code violations. Landlords who fail inspections can face fines and rent withholding.
Read More →Several Greater Boston municipalities — including Cambridge — have enacted just cause eviction ordinances that restrict landlords from terminating tenancies without a legally recognized reason. In Cambridge, tenants who have lived in a unit for 12 months or more can only be evicted for specified causes, such as non-payment, lease violations, or the owner moving in. These local ordinances go beyond state law and apply in addition to M.G.L. c. 186. Landlords with rental properties in Cambridge or Boston should verify what local protections apply.
Read More →Massachusetts security deposit law is strict, detailed, and frequently violated. The cap is one month's rent — no more. The deposit must be held in a separate, interest-bearing escrow account. Tenants must receive written notice of the bank and account number within 30 days. They are entitled to annual interest. At move-out, the deposit must be returned or itemized within 30 days. Violations can result in forfeiture of the entire deposit plus penalties. The Attorney General's office actively pursues complaints about illegal security deposit practices.
Read More →RAFT is Massachusetts' primary emergency rental assistance program, available to households facing eviction, homelessness, or housing instability due to financial hardship. Both landlords and tenants can initiate a RAFT application. The program covers overdue rent, future rent, and in some cases utility arrears. It is administered through regional nonprofits. For property owners managing tenants who fall behind on rent, RAFT can be a faster and less disruptive path than eviction — and many cases that would have gone to housing court have been resolved through the program.
Read More →Additional official resources: MA Attorney General — Landlord & Tenant · MassLegalHelp Housing · Massachusetts Legislature
Note: The articles below are informational summaries only — not legal advice. Laws change. For guidance specific to your situation, consult a licensed Massachusetts attorney.
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