In Massachusetts, landlords have the right to raise rent, but they must adhere to specific rules and regulations designed to protect both the landlord’s and the tenant’s interests when doing so.
Understanding the circumstances under which a rent increase is legally permissible can help to foster a transparent landlord-tenant relationship.
When the lease term ends
The most common and straightforward time for a landlord to increase rent is at the end of a fixed-term lease. A lease is typically a binding contract between the landlord and the tenant, stipulating the terms, including the rent amount, for a specific period—usually 12 months. The rent is generally fixed during the lease term and cannot be altered unless both parties agree in writing.
However, once the lease expires, landlords have the right to propose a new rent amount for the upcoming lease term. They must provide tenants with reasonable notice of the new rental rate, which is typically at least 30 days before the lease renewal date.
In a month-to-month rental agreement, which is more flexible than a fixed-term lease, landlords can increase the rent at the end of any rental period, provided they give tenants at least a 30-day written notice. This applies unless local ordinances or specific terms outlined in the rental agreement require a longer notice period.
No rent control in the Bay State
Unlike some states, Massachusetts does not have statewide rent control. Rent control limits the amount a landlord can increase rent annually or over the course of a tenancy. In the Bay State, rent control was abolished in 1994, and no current laws regulate the frequency or amount of rent increases for most privately owned residential properties.
This means landlords are generally free to increase rent as much as they deem necessary, provided they do so at appropriate times and follow proper notice procedures. However, some cities may have tenant protections that indirectly influence rent increases by regulating conditions in which a tenant may be evicted or when a rental unit might become unaffordable due to excessive rent hikes.
In the Bay State, landlords are legally permitted to increase rent in several instances, including at the end of a lease term. However, landlords must provide tenants with proper written notice of the rent increase, and they must adhere to any local laws or ordinances that may offer additional protections. Seeking legal feedback before any rent adjustments and maintaining clear communication with tenants can help landlords avoid legal trouble.