Massachusetts Rules for Airbnb and Short-Term Rental Sublets
With the rise of home-sharing platforms like Airbnb, many Massachusetts renters are curious about the legality of offering their apartment as a short-term rental. Understanding your rights and obligations under state law can help you avoid costly mistakes and protect your housing.
Short-Term Rentals and Massachusetts Law: The Basics for Renters
In Massachusetts, short-term rentals are regulated at both the state and local levels. The state defines a short-term rental as a property rented in exchange for payment for fewer than 31 consecutive days. This includes hosting guests through platforms like Airbnb, Vrbo, or similar channels.[1]
- Permission from Your Landlord: Most rental agreements in Massachusetts prohibit subletting without your landlord’s written consent. Always check your lease before planning to host.
- State Registration Requirement: Anyone offering short-term rentals in Massachusetts must register their property with the Department of Revenue (DOR) Short-Term Rentals Registry.
- Local Permits: Some cities and towns require their own registrations, permits, or inspections for short-term rentals (e.g., Boston, Cambridge). Always review your local city or town’s requirements before listing your rental.
What Is a Sublet?
Subletting means renting out your leased unit—or a portion of it—to someone else for an agreed time, while you remain on the original lease. Short-term or Airbnb-style sublets are included in this definition if you temporarily let your property for a few nights or weeks.
Landlord Consent: Legal Requirement Before You Host
Massachusetts law does not allow tenants to sublet or assign a rental without the landlord’s written permission unless your lease explicitly allows it.[2] Even with platforms like Airbnb, renting out all or part of your space to others—even for a weekend—counts as a sublet in most cases.
- Always make a written request to your landlord if you wish to sublet, including for short-term rentals.
- If your landlord denies consent, do not proceed with short-term sublets.
- Your landlord cannot unreasonably refuse consent if your lease allows subletting, but you may need to demonstrate that your prospective guest meets the landlord’s standards.
Required Forms: Tenant’s Request to Sublet
While Massachusetts does not provide a statewide standardized sublet request form, you can formally notify your landlord in writing. Your lease may require you to use a particular form or provide specific information. If your landlord approves, obtain written consent for your records.
Tip: Always get your landlord’s consent in writing before you list your apartment on Airbnb or accept guests. Doing otherwise could put your tenancy at risk.
State Registration: How to Register a Short-Term Rental
Massachusetts requires all operators of a short-term rental (including renters with landlord permission) to register with the state’s official Short-Term Rental Registry.
- Form Name: Short-Term Rental Operator Registration (Online Form)
- When to Use: Register before hosting your first guest. The form collects property information, ownership status, and tax-related details.
- Official Source: Short-Term Rental Operator Registration
After registration, you’ll receive a certificate number required to be displayed in your rental listing.
Tribunal/Board Handling Tenancy Issues
In Massachusetts, rental disputes—such as illegal sublets and evictions—are handled by the Housing Court Department of the Massachusetts Trial Court. If you’re facing a legal issue around Airbnb sublets or landlord disputes, you may file or respond in Housing Court.
Relevant Massachusetts Tenancy Legislation
- Massachusetts General Laws Chapter 183A: Condominiums & Apartment Law
- Massachusetts General Laws Chapter 186: Tenancies and Subletting
- 2018 Act Regulating and Insuring Short-Term Rentals
Be sure to review your rights under Chapter 186: Tenancies and Subletting, which sets out landlord and tenant duties, including rules on assignment and subletting.
Steps for Renters: How to Legalize a Short-Term Sublet
Thinking of subletting your rental on Airbnb or a similar platform? Here’s a summary of the action steps to follow:
- Carefully review your lease for subletting or short-term rental restrictions.
- Submit a written request to your landlord for permission to sublet or host guests for short-term stays.
- If you receive written consent, save it for your records.
- Register with the Massachusetts Short-Term Rental Registry before booking guests.
- Comply with any local city or town requirements (permits, inspections, taxes).
Following these steps is critical for staying compliant with your lease and Massachusetts laws.
FAQ: Massachusetts Airbnb Sublets and Short-Term Rentals
- Can I sublet my Massachusetts apartment on Airbnb?
Most renters must get their landlord’s written consent before listing a unit on Airbnb. Check your lease and always ask permission in writing first. - What happens if I list my unit on Airbnb without my landlord’s consent?
If you host guests without required permission, you may be violating your lease and face eviction proceedings. - Do I need to register my rental with the state for short-term hosting?
Yes. All hosts must register with the Massachusetts Short-Term Rental Registry and display your certificate number in your listing. - Are there special rules for short-term rentals in Boston or other cities?
Yes. Many cities, including Boston and Cambridge, require additional local permits or registration. Check with your city or town’s housing department.
Conclusion: Key Takeaways for Renters
- Always check your lease and get written landlord consent before subletting on Airbnb in Massachusetts.
- Register your rental with the state and follow city or town requirements.
- Violating your lease by hosting unauthorized guests could result in eviction—know your rights and obligations.
Need Help? Resources for Renters
- Massachusetts Housing Court – for rental disputes and tenancy legal cases
- Short-Term Rentals in Massachusetts (DOR) – official guidance on registration and compliance
- Tenant Rights Guide from Mass.gov – plain-language overview of tenant rights and obligations
- MassLegalHelp: Housing Information – advocacy and tenant support resources
- Massachusetts Short-Term Rentals Law, Department of Revenue Short-Term Rentals.
- Massachusetts General Laws c. 186, § 15— Assignment and Subletting.
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Bob Jones
Editor & Researcher, Tenant Rights USA
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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