Pass-Through Costs and Legal Rent Increases in Massachusetts

If you rent in Massachusetts, you may wonder under what conditions your landlord is allowed to raise your rent, especially if they claim to be passing along expenses such as property taxes or repairs. Understanding Massachusetts laws regarding pass-through costs and rent increases helps protect your rights and avoid unexpected surprises.

Understanding Pass-Through Costs and Rent Increases

In general, Massachusetts does not have statewide rent control—meaning landlords can usually set rent and increase it once your lease ends or at least on proper notice, unless your city or town has specific rules or ordinances (see Tenant Rights from Mass.gov). However, state law and local ordinances still protect you from unlawful or discriminatory increases and set requirements for how and when landlords give notice.

What Are Pass-Through Costs?

Pass-through costs refer to certain expenses landlords might try to "pass through" to renters, causing a rent increase. Examples may include:

• Property tax increases
• Major building repairs or upgrades
• Utilities or service fees

However, in Massachusetts, these costs cannot be added mid-lease unless you’ve agreed in writing. Any rent increase generally must wait until your current lease expires or, if you are a tenant-at-will (no lease), proper notice must be given.

Notice Rules for Rent Increases in Massachusetts

Landlords must provide proper written notice before raising your rent:

• Fixed-term lease (written lease): Rent cannot be increased during the lease term unless the lease allows it or you agree in writing. Changes take effect only at renewal.
• Tenant-at-will (month-to-month): Landlords must provide at least a full rental period of advance written notice (usually 30 days).

If your landlord is raising your rent due to pass-through costs, they must still follow these notice requirements.

How Pass-Through Costs Typically Appear

Most landlords will include a clause about pass-through or increased costs in the lease agreement. If such a clause isn’t present, they cannot charge extra fees or raise rent for new costs during your lease.

Relevant Official Forms for Massachusetts Renters

• Notice to Quit (no standard form number): Used by landlords to end a tenancy (not specifically for rent increases, but relevant if you refuse a rent hike and are asked to leave).
  Example: If your landlord raises the rent and you do not agree, they may serve you this notice.
  Official source: Eviction Process for Landlords – Mass.gov
• Summary Process Summons and Complaint (Housing Court Form): Used if a landlord files for eviction due to non-payment (including failure to pay a higher rent after an increase).
  Official source: Start an Eviction (Summary Process) – Mass.gov

Filing a Complaint About an Improper Rent Increase

If you believe a landlord unlawfully increased your rent, you can seek help through Massachusetts Housing Courts or contact the Housing Court Department. For discrimination or retaliation, the Massachusetts Commission Against Discrimination (MCAD) is a resource.

Massachusetts Tribunal Handling Tenancy Issues

• Massachusetts Housing Court Department, part of the Trial Court of Massachusetts. This court resolves disputes between landlords and tenants, including unlawful rent increases and evictions.

What the Law Says: Massachusetts Legislation

• Massachusetts General Laws, Chapter 186 – Estates for Years and at Will: This law covers rights and responsibilities for both landlords and tenants, including notice for rent increases and termination rules.

Local ordinances may also apply if you live in a city with extra renter protections. Always check your city or town’s official housing office.

FAQ: Pass-Through Costs and Rent Increases in Massachusetts

1. Can my landlord raise the rent in the middle of my lease due to new costs?
   No, unless your lease specifically allows it and you agreed in writing, your landlord cannot change the rent during the lease term in Massachusetts.
2. How much notice must my landlord give for a rent increase?
   At least one full rental period (typically 30 days) if you are a tenant-at-will. With a fixed-term lease, the new rent applies only at lease renewal.
3. Do I have to pay extra fees or "pass-through costs" that weren’t in my lease?
   No. Unless your lease includes a pass-through clause, your landlord cannot charge fees or raise rent during your lease for new costs.
4. Who do I contact if I think my rent increase is illegal?
   You can contact your local Housing Court, local Board of Health (for unsafe conditions), or the Massachusetts Commission Against Discrimination for help.
5. What should I do if I get a Notice to Quit after refusing a rent increase?
   Respond promptly, get legal advice, and consider contacting your local legal aid. Failure to respond or move out may lead to eviction proceedings in Housing Court.

Need Help? Resources for Renters

• Massachusetts Housing Court Department: For rent and eviction disputes
• Massachusetts Legal Help: Free legal resources for tenants (website funded by official state sources)
• Tenant Rights and Responsibilities – Mass.gov
• Massachusetts Commission Against Discrimination (MCAD): For discrimination or retaliation issues

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1. Massachusetts General Laws Chapter 186 – Estates for Years and at Will
2. Massachusetts Housing Court Department
3. Tenant Rights and Responsibilities – Mass.gov
4. Eviction and Summary Process Information

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