Massachusetts tenant screening and landlord-tenant law guide

Massachusetts effectively prohibits stand-alone application, screening, or pet fees at the start of a tenancy: the exclusive list of permitted up-front charges under c. 186, §15B(1)(b) covers first month's rent, last month's rent, a security deposit, and lock/key costs — application fees are not on that list, and the AG's Guide confirms landlords "may not charge" them. Separately, as of August 1, 2025, a new law requires that broker's fees be paid by whoever hired the broker (usually the landlord) rather than passed to the tenant, with penalties up to three times the improperly charged fee (c. 112, §87DDD½).

No Massachusetts housing-discrimination statute specifically restricts how landlords may use privately-sourced criminal history in tenant screening (this differs from the employment context, where c. 151B, §4(9) limits inquiries into old or non-conviction records). Separately, Massachusetts operates its own CORI system: private landlords may register through iCORI to request an applicant's official state criminal record directly from the Department of Criminal Justice Information Services, a path governed by its own rules (M.G.L. c. 6, §§167–172; 803 CMR 2.00) that is separate from an ordinary FCRA-governed consumer report from a screening company.

Source of income — including receipt of public assistance and housing subsidies such as vouchers — is a protected category under Massachusetts law (c. 151B, §4(10)). This goes beyond the federal Fair Housing Act, which does not cover source of income at all.

Federal FCRA §615 sets the baseline adverse-action notice requirements. Checking the AG's landlord-tenant consumer-protection regulation (940 CMR 3.17), no Massachusetts-specific addition to the federal adverse-action notice was found; the state framework instead focuses on unfair/deceptive practices generally.

A security deposit generally may not exceed one month's rent, must be placed in an interest-bearing Massachusetts bank account separate from the landlord's own funds, and requires a receipt and a "statement of condition" within 10 days of the deposit (with a 15-day window for the tenant to respond). Deposits must generally be returned, with any accrued interest, within 30 days after the tenancy ends, and a landlord who wants to keep any part of it for damage must provide a sworn, itemized list within that same window (c. 186, §15B). As of August 1, 2025, the statute was also amended to let a landlord and tenant agree to a monthly fee in lieu of a full deposit, capped in total (fee plus any deposit) at one month's rent, once the Executive Office of Housing and Livable Communities issues implementing regulations — this option is new, so confirm current EOHLC regulatory status before relying on it.

Massachusetts has no statewide rent-control program, and the Rent Control Prohibition Act (c. 40P), enacted by 1994 ballot initiative, generally bars cities and towns from adopting their own rent control. Evictions require a Notice to Quit followed by a formal Summary Process court case (c. 239); tenants may raise defenses and counterclaims, and courts may grant no-fault stays of execution. Separately, Massachusetts created a process — reportedly effective around May 2025 — allowing a tenant to petition the court to seal an eviction record, after which the case is no longer visible on the public court system and the petitioner may generally answer "no record" on future applications. Confirm the precise General Laws chapter/section for this sealing process before treating it as settled statutory text.

Massachusetts organizes local government into cities and towns rather than a California-style "unincorporated county" system — most Massachusetts counties do not operate an active county government, so the city/county overlap question that applies elsewhere generally doesn't apply here in the same way. Boston adds its own additional layers; note that Massachusetts' statewide rent-control ban applies unless and until state law changes. For Cambridge, Somerville, and Worcester — after checking, we did not confirm a city-specific tenant-screening, application-fee, or source-of-income ordinance beyond the statewide framework described above. Local human-rights or fair-housing commissions may enforce the state's anti-discrimination law locally, but no additional screening-specific city rule was found to report.

Can a Massachusetts landlord charge a tenant an application or screening fee? Generally no. State law's exclusive list of allowed up-front charges (first month, last month, security deposit, lock/key cost) does not include application fees, and the Attorney General's Office states landlords may not charge them.

Is source of income a protected class in Massachusetts? Yes. Massachusetts law generally prohibits refusing to rent to someone because they receive public assistance or a housing subsidy, including a voucher.

What's the security deposit limit in Massachusetts? Generally one month's rent, held in an interest-bearing Massachusetts bank account, with detailed notice, itemization, and 30-day return requirements — plus a newer optional fee-in-lieu-of-deposit program pending full regulatory rollout.

Can a Massachusetts tenant get an eviction case removed from their record? In many cases, yes — Massachusetts has a court process for petitioning to seal an eviction record, though eligibility depends on how the case was resolved.

Checkr can help Massachusetts landlords and property managers run FCRA-compliant tenant screening while keeping state-specific rules like fee limits and source-of-income protections in view. Get started at tenant.checkr.com/signup to set up compliant screening for your next applicant.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.