Massachusetts Landlord Disclosures: Lead Paint, §15B

Since Massachusetts joined the Union on February 6, 1788, it has established some of the nation's most stringent consumer protections for renters. Today, the Commonwealth imposes an unusually large number of mandatory disclosures on landlords, far exceeding many other states. Failure to provide these disclosures can result in financial penalties, loss of the right to make security deposit deductions, and even criminal liability in the case of lead paint.

Official Law Citation: Massachusetts General Laws Chapter 186, Section 15B and Chapter 111, Section 197A.

1. Lead Paint Disclosure (Pre-1978 Properties)

Under M.G.L. c. 111, § 197A, Massachusetts has some of the strictest lead paint laws in the country. For any property built before 1978, landlords must provide:

• The EPA pamphlet "Protect Your Family from Lead in Your Home."
• The Massachusetts Tenant Lead Law Notification and Certification Form, signed by both landlord and tenant.
• Copies of any lead inspection or risk assessment reports for the property.
• A valid Letter of Interim Control or Letter of Full Deleading Compliance, if applicable.

The Lead Paint and Children Rule

If a child under the age of six will live in the unit, all lead paint hazards must be eliminated or controlled. A landlord cannot refuse to rent to a family with children to avoid this obligation—that constitutes illegal discrimination.

2. Security Deposit Disclosures (§ 15B)

The security deposit statute (M.G.L. c. 186, § 15B) creates multiple mandatory disclosure requirements:

• Immediate Receipt: A receipt must be given at the time the deposit is received.
• Bank Disclosure: Within 30 days of receiving the deposit, the landlord must provide a receipt containing the bank name, address, and account number.
• Statement of Condition: Within 10 days of the start of the tenancy or receipt of the deposit (whichever is later), a detailed written description of the unit's condition must be provided. Failure to provide this results in the forfeiture of the right to retain any portion of the deposit for damages.

3. Owner and Manager Identification (§ 21)

Under M.G.L. c. 186, § 21, landlords must disclose the name, address, and telephone number of the owner and any person responsible for the maintenance of the premises. This information must be:

• Contained in the written lease; or
• Posted in a conspicuous place on the premises (for oral tenancies).

4. Fire Insurance Disclosure

Pursuant to M.G.L. c. 186, § 21, a landlord must, within 15 days of a tenant's written request, disclose the name of the company insuring the property against fire loss, the amount of such insurance, and the name of the person who would receive payment for a loss.

5. Utility Information (Water Sub-metering)

If the tenant is responsible for paying for water, the landlord must meet strict disclosure requirements under M.G.L. c. 186, § 22, including:

• Disclosure of the use of sub-meters.
• Confirmation that the unit contains "water-conserving" fixtures.
• Written notice that the tenant is responsible for water charges.

6. Domestic Violence Protections

While not a mandatory "disclosure" at the time of lease signing under state law, M.G.L. c. 186, § 24 provides critical rights to victims of domestic violence, including the right to terminate a lease early. Landlords should be aware of these statutory protections as they govern the legality of lease termination notices.

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