What Happens When Rent Control Ends in Massachusetts
For many renters in Massachusetts, rent control provided important protections by limiting how much landlords could increase rent each year. However, rent control is now prohibited statewide, which means most units are subject to market-based rent and may see higher increases. If you're a tenant in Massachusetts worried about moving from rent-controlled to market rent, understanding your rights and options is crucial.
Can Apartments Still Be Rent-Controlled in Massachusetts?
Statewide rent control ended in Massachusetts in 1994, after a statewide referendum. Since then, cities and towns cannot impose rent control laws that limit rent increases on private apartments.[1] This means that the majority of Massachusetts tenants are in "market rate" units, where rents are set by landlords based on local supply and demand.
Exception: Federally subsidized housing and some older leases may have price restrictions. Check your lease or contact your local housing authority if you think this could apply to you.
Understanding Market Rent in Massachusetts
"Market rent" refers to the rent price landlords can legally charge without state-imposed limits, as outlined in the Massachusetts General Laws Chapter 186: Estates for Years and At Will.[2] While there are no maximum rent increase limits, landlords must follow rules about notice and discrimination, and they cannot evict tenants without proper process.
What If My Landlord Raises My Rent?
- Landlords can increase rent when your lease ends, or (for month-to-month tenants) with proper written notice.
- For month-to-month ("at-will") renters, the landlord must provide a full rental period's written notice before a rent increase. For example, if you pay monthly, you need at least 30 days' written notice.[3]
- The rent increase must not be discriminatory or retaliatory.
If you're given a rent hike that's unaffordable, it's legal for your landlord to ask you to pay the new amount or to move out, as long as they have followed notice requirements.
Official Forms and Steps If Facing Rent Increase or Eviction
- Notice to Quit (No form number): This is a landlord's written notice asking you to move out by a certain date. You may receive this if you do not accept the new market rent or did not pay the increased amount. Learn more and download sample notices at the Massachusetts Trial Court Housing Court resources.
- Summary Process Summons and Complaint (Housing Court Form 223): If you stay past your notice period, the landlord may file for eviction using this form. You will be served this court paper with a date to appear in Housing Court. Full info at the Housing Court Forms website.
Example: If you pay $1,000/month and your landlord increases rent to $1,400, you can either agree to pay the new rent or move out after written notice. If you do not pay or move, you may get a Notice to Quit, followed by a Summary Process Summons and Complaint if the landlord seeks eviction.
How to Respond as a Renter
- Read any rent increase or eviction notice carefully. Check the date and reason.
- Communicate with your landlord in writing if you need clarification or wish to negotiate.
- Speak with a local legal aid agency if you have questions about your rights.
- Respond to a court Summons by filing an Answer (defense) form. Download and file using these official Housing Court instructions.
If you're unsure about your rights, especially regarding eviction or lease changes after moving from rent control to market rent, contact your local Housing Court or Legal Services for free advice.
Who Handles Tenancy and Rent Disputes in Massachusetts?
The Massachusetts Housing Court is responsible for residential tenancy disputes, including rent increases and evictions. Their website offers court forms, contact details, and helpful guides for tenants.
Relevant Legislation
- Massachusetts General Laws Chapter 186: Estates for Years and At Will – Covers leases, termination, and at-will tenancy.[2]
- Chapter 239: Summary Process for Possession of Land – Governs eviction procedures and court process.[3]
FAQ: Moving From Rent-Controlled to Market Rent in Massachusetts
- Can my landlord increase my rent by any amount in Massachusetts?
Yes, unless your unit is under a federal or local subsidy program, landlords can set any market rent. They must provide proper notice before the increase. - Is rent control coming back in Massachusetts?
Currently, state law does not allow new rent control or rent stabilization rules, though there are sometimes proposals or local efforts. - What should I do if I can't afford the new rent after leaving a rent-controlled unit?
Consider negotiating with your landlord, looking for subsidized housing, or contacting legal aid for advice. - Do I have to move immediately if my rent is increased?
No. You are entitled to written notice and, if you do not leave, a court eviction process must occur before you can be lawfully removed. - How do I respond to an eviction notice in Massachusetts?
You can file an "Answer" form in Housing Court by the deadline stated on your Summons. Get the instructions and downloadable form from the official Housing Court website.
Summary: Key Takeaways for Massachusetts Renters
- Massachusetts currently does not permit rent control; most units are market rate.
- Landlords must provide proper written notice before increasing rent or starting eviction.
- Housing Court and local legal aid are available to help renters facing unaffordable rent increases or eviction.
Need Help? Resources for Renters
- Massachusetts Housing Court – Official forms, court finder, and info on eviction and tenant rights
- Mass Legal Help: Get Housing Help – Nonprofit legal resources and hotlines for tenants (official collaboration with state agencies)
- Renters' Rights – Mass.gov – State government guidance on security deposits, notice, repairs, and more
- Department of Housing and Community Development – Official state housing programs, rent assistance, and contacts
- Massachusetts Law: Chapter 40P, Section 4: Prohibition of Rent Control
- Massachusetts General Laws: Chapter 186: Estates for Years and At Will
- Eviction notice and process: Chapter 239: Summary Process for Possession of Land
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