Massachusetts rent increase law

Chapter 186 sets no separate notice period for a rent increase. For a tenancy at will, the written notice that ends the tenancy may offer a new tenancy on different terms, such as a higher rent. The chapter has no provision for raising rent during a fixed lease term, apart from tax escalation clauses that meet section 15C.

Mass. G.L. c. 186, § 12 Mass. G.L. c. 186, § 15C

• A rent increase within six months after a tenant's protected activity, such as reporting a code violation, is presumed to be a reprisal. Mass. G.L. c. 186, § 18
• You may not raise rent because a tenant made repairs under the repair and deduct law, except under a court order. Mass. G.L. c. 111, § 127L
• Before proposing a new rent, identify the tenancy type, review the current lease and check any housing-program restrictions. Make the proposal clear: name the tenants and unit, compare current and proposed rent, state the dollar difference and proposed start date, and explain any offered term and reply instructions. Keep the proposal, delivery record and any agreed revision together. A reply date in your letter does not replace the notice required to end a tenancy, and a proposed amount is not proof that the tenant accepted new terms. This is a practical planning checklist, not a prescribed statutory form. Mass. G.L. c. 186, § 12 Mass. G.L. c. 186, § 15C

No Massachusetts city or town may enact, maintain or enforce rent control, except a voluntary program under strict limits in a town that accepts the state law: after six months owners may opt out, it cannot regulate occupancy, services or evictions, it cannot cover owners of fewer than ten units or units with a fair market rent over $400, and the town pays owners the difference from market rent. City and town rules other than rent control were not read for this page.

Mass. G.L. c. 40P, § 4 Mass. G.L. c. 40P, § 3

• Publicly owned, publicly subsidized and federally assisted housing and mobile homes are outside this definition of rent control. Mass. G.L. c. 40P, § 3
• The statewide rule overrides conflicting state or local law. Mass. G.L. c. 40P, § 5

A landlord who threatens or takes reprisal against a tenant for enforcing housing laws, reporting code violations to a board of health or other agency, complaining in writing to the landlord, or joining a tenants' union owes damages of one to three months' rent, or actual damages if greater, plus costs and attorney's fees.

Mass. G.L. c. 186, § 18 Mass. G.L. c. 239, § 2A

• A termination notice (except for nonpayment), rent increase or substantial change in terms within six months after that activity is presumed to be a reprisal. Only clear and convincing evidence of independent justification rebuts it. Mass. G.L. c. 186, § 18
• Reprisal is also a defense to an eviction, with the same six-month presumption, and covers a tenant's use of the domestic violence protections. Mass. G.L. c. 239, § 2A
• Evicting families with children does not satisfy the lead law and is itself a reprisal and an unfair practice; refusing to renew their lease does not satisfy it either. Mass. G.L. c. 111, § 199A(c)