Massachusetts Landlord Required Disclosures: Lead Paint, §15B, and More

Massachusetts 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.

1. Lead Paint Disclosure (Pre-1978 Properties)

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 creates multiple mandatory disclosure requirements:

• Receipt: 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. Without this, the landlord loses all right to deduct for damage.

3. Move-In / Move-Out Condition Report

Beyond the §15B Statement of Condition for the deposit, landlords should provide a separate condition report at move-in and establish a clear comparison for move-out. While the §15B report is legally mandated, a separate photographic record is considered best practice.

4. Insurance Disclosures

If the landlord requires the tenant to obtain renter's insurance, the requirement and the minimum coverage amount must be explicitly stated in the lease agreement.

5. Utility Information

If the tenant is responsible for paying utilities, the lease should disclose:

• Which specific utilities the tenant is responsible for.
• Whether any utility meters are shared between units (which affects how the costs are legally split).

6. Domestic Violence Protections

Massachusetts law requires that landlords provide tenants with information about their rights under the state's domestic violence protections, which may allow a tenant to break a lease early without penalty if they are a victim of domestic violence, sexual assault, or stalking.

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