Massachusetts Landlord Tenant Law
Area VIII is 10% and four items: rental deposits, receipts and the statement of condition; the State Sanitary Code; and short-term vacation or recreational rentals.
What may be collected
M.G.L. c.186 s.15B(1)(b) allows four sums at or before the start of a tenancy and no others: rent for the first full month, rent for the last full month at the same rate, a security deposit no greater than the first month's rent, and the cost of purchasing and installing a key and lock. As amended by St.2025 c.9 effective 1 August 2025 the cap binds the lessor's agent as well as the lessor and reaches money paid to either, which together with the amendment to c.112 s.87DDD1/2 means a tenant who did not engage the broker cannot be charged the broker's fee.
Receipts, escrow and the statement of condition
A receipt must be given whenever last month's rent or a security deposit is taken. A security deposit stays the tenant's property, must be held in a separate interest-bearing account in a Massachusetts bank beyond the reach of the landlord's creditors, and a receipt naming the bank, account number and amount must follow within thirty days. Interest runs at 5% or the lesser bank rate. The statement of condition must be furnished on receipt of the deposit or within ten days after the tenancy begins, whichever is later, and the tenant has fifteen days to return it or a signed list of disagreements. The deposit or its balance must be returned within thirty days of the end of the tenancy, with an itemized sworn list of any damage; failing on the account, the transfer, or the return exposes the landlord to treble damages, interest, costs, and fees.
State Sanitary Code
M.G.L. c.111 s.127A directs the Department of Public Health to adopt the state sanitary code, which sets standards of fitness for human habitation, and preserves each local board of health's authority for its own locality. Habitability complaints therefore go to the municipal board of health, not to the Board of Registration.
Short-term vacation rentals
Section 15B(9) exempts from the whole section any lease, rental, occupancy, or tenancy of one hundred days or less that is for a vacation or recreational purpose. Both limbs must be met: a hundred days or less, and a vacation purpose.
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State-specific details
State exam facts
- Exam vendor
- PSI
- Prelicensing education
- 40 additional broker education hours (beyond the 40-hour salesperson course)
- Passing score
- 70%
- Scored questions
- 120
Who regulates real estate brokers in Massachusetts?
The Massachusetts Board of Registration of Real Estate Brokers and Salespersons, within the Division of Occupational Licensure, licenses brokers. The Board contracts with PSI to deliver the licensing exams.
What experience do I need before the Massachusetts broker exam?
Broker applicants generally must have worked as an affiliated salesperson under an active Massachusetts broker for at least three years (a minimum of about 25 hours per week) and complete an additional 40 hours of broker education. Confirm the current requirement with the Board.
How is the Massachusetts broker exam structured?
The Massachusetts broker exam has about 120 questions split into a general portion and a state portion, delivered by PSI, and a score of at least 70% is required to pass.
Sources: https://www.mass.gov/how-to/prepare-for-and-schedule-your-real-estate-license-exam, https://www.psiexams.com/test-takers/massachusetts-real-estate/
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