Massachusetts eviction notice and late fee rules

Notice for unpaid rent

14 days — For a tenant at will who neglects or refuses to pay rent, the landlord's written fourteen days' notice to quit is sufficient to end the tenancy.

Ending a month-to-month tenancy

An estate at will may be ended by either party with three months' written notice, but where rent is payable at intervals under three months, notice equal to the rent interval or thirty days, whichever is longer, is sufficient.

Late-fee limit

No statutory cap found

Grace period before a late fee

No lease or rental agreement may impose interest or a penalty for failure to pay rent until thirty days after the rent was due.

Notice for unpaid rent

For a tenant at will who neglects or refuses to pay rent, the landlord's written fourteen days' notice to quit is sufficient to end the tenancy.

“In case of neglect or refusal to pay the rent due from a tenant at will, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the tenancy;”
Mass. Gen. Laws ch. 186, § 12

Under a written lease, fourteen days' written notice to quit for nonpayment ends the lease unless the tenant, on or before the day the answer is due in the possession action, pays or tenders all rent then due with interest and costs.

“Upon the neglect or refusal to pay the rent due under a written lease, fourteen days' notice to quit, given in writing by the landlord to the tenant, shall be sufficient to determine the lease, unless the tenant, on or before the day the answer is due, in an action by the landlord to recover possession of the premises, pays or tenders to the landlord or to his attorney all rent then due, with interest and costs of suit.”
Mass. Gen. Laws ch. 186, § 11

Paying to stop an eviction

A tenant at will who has not received a similar notice in the prior twelve months avoids termination by paying or tendering the full rent due within ten days after receiving the notice.

“provided, that the tenancy of a tenant who has not received a similar notice from the landlord within the twelve months next preceding the receipt of such notice shall not be determined if the tenant, within ten days after the receipt thereof, pays or tenders to the landlord, the landlord's attorney, or the person to whom the tenant customarily pays rent, the full amount of any rent due.”
Mass. Gen. Laws ch. 186, § 12

Ending a month-to-month or other periodic tenancy

An estate at will may be ended by either party with three months' written notice, but where rent is payable at intervals under three months, notice equal to the rent interval or thirty days, whichever is longer, is sufficient.

“Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.”
Mass. Gen. Laws ch. 186, § 12

When a tenancy at will is terminated without fault of the tenant, no possession action may be brought until a period equal to the rent interval or thirty days, whichever is longer, after the tenant receives written notice.

“no action to recover possession of the premises shall be brought, nor shall the tenant be dispossessed, until after the expiration of a period, equal to the interval between the days on which the rent reserved is payable or thirty days, whichever is longer, from the time when the tenant receives notice in writing of such termination;”
Mass. Gen. Laws ch. 186, § 13

Lockouts and utility shutoffs

A landlord who attempts to regain possession by force without judicial process (among other violations of § 14) faces a fine of $25 to $300 or up to six months' imprisonment.

“or who attempts to regain possession of such premises by force without benefit of judicial process, shall be punished by a fine of not less than twenty-five dollars nor more than three hundred dollars, or by imprisonment for not more than six months.”
Mass. Gen. Laws ch. 186, § 14

A violator is also liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and a reasonable attorney's fee.

“Any person who commits any act in violation of this section shall also be liable for actual and consequential damages or three month's rent, whichever is greater, and the costs of the action, including a reasonable attorney's fee,”
Mass. Gen. Laws ch. 186, § 14

Retaliation

A termination notice (other than for nonpayment), rent increase, or substantial change in tenancy terms within six months after protected tenant activity creates a rebuttable presumption of reprisal.

“The receipt of any notice of termination of tenancy, except for nonpayment of rent, or, of increase in rent, or, of any substantial alteration in the terms of tenancy within six months after the tenant has commenced, proceeded with, or obtained relief in such action, exercised such rights, made such report or complaint, or organized or joined such tenants' union or within six months after any other person has taken such action or actions on behalf of the tenant or in, or relating to, the building in which the tenant resides, shall create a rebuttable presumption that such notice or other action is a reprisal against the tenant for engaging in such activities.”
Mass. Gen. Laws ch. 186, § 18

A person who takes reprisals is liable for damages of not less than one month's rent nor more than three months' rent, or actual damages if greater, plus costs and a reasonable attorney's fee.

“shall be liable for damages which shall not be less than one month's rent or more than three month's rent, or the actual damages sustained by the tenant, whichever is greater, and the costs of the suit, including a reasonable attorney's fee.”
Mass. Gen. Laws ch. 186, § 18

Late fees and grace periods

No lease or rental agreement may impose interest or a penalty for failure to pay rent until thirty days after the rent was due.

“No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due.”
Mass. Gen. Laws ch. 186, § 15B(1)(c)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Massachusetts rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Massachusetts have to give for unpaid rent?

For a tenant at will who neglects or refuses to pay rent, the landlord's written fourteen days' notice to quit is sufficient to end the tenancy. (Mass. Gen. Laws ch. 186, § 12).

How much notice is needed to end a month-to-month tenancy in Massachusetts?

An estate at will may be ended by either party with three months' written notice, but where rent is payable at intervals under three months, notice equal to the rent interval or thirty days, whichever is longer, is sufficient. (Mass. Gen. Laws ch. 186, § 12).