Boston, Massachusetts · Rent Increases

Rent Increases in Boston: What Are My Rights?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in Boston.

Boston has no rent cap. But state law still sets rules for how and when your landlord can raise your rent. This page explains those rules, your choices, and what happens in court. If you get a rent increase or a notice to quit (a letter that ends your tenancy), a legal aid office can explain your options.

How much notice you get

  1. If you have a lease, your rent stays the same until the lease term ends. Your landlord can raise rent during the lease only if the lease has a tax escalator clause (adds a tax increase to your rent).

    Sources:
    1. Terms of tenancy, Massachusetts Attorney General. A government guide.
    2. Legal Tactics, ch. 5, Tenants with Leases, Massachusetts Legal Help. A nonprofit group.

  2. If you rent month to month without a lease, you are a tenant at will. Your landlord can propose a rent increase at any time. But you must get written notice first. You must get the notice at least 30 days or 1 full rental period ahead, whichever is longer.

    Sources:
    1. c. 186, § 12, Massachusetts General Court. Law.
    2. Terms of tenancy, Massachusetts Attorney General. A government guide.
    3. Top Ten Things Tenants Need to Know, § 1, City of Boston. A government guide.

Check the new rent

  1. No law caps rent amounts in Boston. Your landlord can propose any increase. Massachusetts law bans rent control in every city and town as decided by statewide ballot in 1994. Therefore, Boston cannot set a cap.

    Source:
    1. c. 40P, § 4, Massachusetts General Court. Law.

  2. A tax escalator clause (a lease term about a tax increase) makes you pay part of a property tax increase during the lease. Massachusetts law sets 3 conditions for this clause. It must say you pay only your unit's share of the tax increase. It must state the exact percentage you pay. It must promise you a share of any tax refund your landlord receives.

    Source:
    1. c. 186, § 15C, Massachusetts General Court. Law.

  3. A tax escalator clause (the lease term for a tax increase) that breaks any of these conditions is not valid. The court will not enforce it. If you paid more than your unit's share, your landlord must return the extra money. The law adds interest of 5% per year. 5% of $200 in extra money is $10 for 1 year.

    Source:
    1. c. 186, § 15C, Massachusetts General Court. Law.

If the increase is not allowed

  1. Your landlord cannot raise your rent without your agreement to pay the increase. If you pay the higher rent, the payment can count as your agreement, even if you did not mean it. Decide before you pay. Refusing the increase without a court decision can still lead to an eviction case. Get legal help before you refuse.

    Sources:
    1. Our editorial rules.
    2. c. 186, § 12, Massachusetts General Court. Law.
    3. Legal Tactics, ch. 5, Rent Increases, Massachusetts Legal Help. A nonprofit group.

  2. You can refuse the increase and stay in your home. Keep paying the old rent on time, and keep receipts. Refusing the increase is not the same as not paying rent. So your landlord cannot use the 14-day notice for not paying rent against you. To evict, the landlord must send a 30-day notice to quit instead. A notice to quit is a letter that ends your rental but does not itself force you out.

    Sources:
    1. c. 186, § 12, Massachusetts General Court. Law.
    2. Legal Tactics, ch. 5, Tenants at Will, Massachusetts Legal Help. A nonprofit group.
    3. Legal Tactics, ch. 5, Rent Increases, Massachusetts Legal Help. A nonprofit group.

  3. A notice does not move you out. Only a court can order you to leave. Your landlord cannot change the locks or take your belongings. The court case is called summary process. In that case, you can raise defenses. A defective or missing notice is a defense that can end the case.

    Sources:
    1. The eviction process, Massachusetts Attorney General. A government guide.
    2. Legal Tactics, ch. 5, Tenants at Will, Massachusetts Legal Help. A nonprofit group.

  4. Boston adds a local rule. A landlord who ends a renter's rental must also give a City form called Notice of Tenants' Rights and Resources. It must come with the notice to quit or the notice of non-renewal. If you did not get the form, you can report the landlord to the City.

    Source:
    1. Sec. 10-11.7, City of Boston. A government guide.

  5. Your landlord cannot raise your rent to punish you for using your legal rights. Protected acts include reporting unsafe conditions, complaining to your landlord in writing, going to court, and joining a tenants union. In Boston, reports to the City's housing inspection office are protected too.

    Sources:
    1. Retaliation is Against the Law, Massachusetts Attorney General. A government guide.
    2. c. 186, § 18, Massachusetts General Court. Law.

  6. Timing protects you. Suppose your landlord raises rent or sends a notice to quit within 6 months after your protected act. The court then assumes the landlord acted to punish you. This protection works in your own lawsuit and as a defense against eviction. Your landlord can defeat that assumption only with clear and convincing proof.

    Sources:
    1. c. 239, § 2A, Massachusetts General Court. Law.
    2. c. 186, § 18, Massachusetts General Court. Law.

  7. If your landlord raises your rent to punish you for a protected act, the landlord owes you money. Protected acts include reporting code violations, going to court over housing laws, or joining a tenants' union. You get 1 to 3 months of rent, or your actual losses if greater. With $1,500 rent, that is $1,500 to $4,500. You get this money only if you win your case and your landlord pays. Your landlord also pays court costs and a reasonable lawyer fee. A lease cannot take away this right.

    Sources:
    1. Our editorial rules.
    2. c. 186, § 18, Massachusetts General Court. Law.

Published by Nazanin, September 24, 2026. Sources checked October 26, 2026. Is something on this page wrong or out of date? Tell us.