Massachusetts Residential Rent Increase Notice

Massachusetts Residential Rent Increase Notice

Before you use this: Use this general notice only outside a manufactured housing community. A community site tenancy has a separate rent-change route under chapter 140, § 32J(5), and 940 CMR 10.03(10) calls for notice to each resident and any tenants' association. Check the tenancy, lease, current Massachusetts law, and any housing-program or property-specific restriction. Chapter 40P, § 4 generally prohibits city and town rent control, subject to its narrow statutory exception; do not assume a municipal cap applies.

Massachusetts Estate-at-Will Module

For an estate at will, Massachusetts permits written notice ending the existing tenancy to include an offer of a new tenancy for the same premises on different terms. Give three months' written notice unless rent is payable at intervals shorter than three months; in that event, give at least the rent-payment interval or 30 days, whichever is longer. A month-to-month termination notice must expire at the end of a rental period. Confirm actual receipt and calculate the date from the applicable rental period. Review the lease and any housing-program rules separately for a fixed term, subsidized housing, or another kind of tenancy.

• Tenancy is an estate at will covered by chapter 186, § 12: ☐ Yes
• Notice period is three months, or the payment interval/30 days rule has been correctly applied: ☐ Yes
• For a month-to-month tenancy, termination falls at the end of a rental period: ☐ Yes

• Notice clearly ends the existing tenancy and offers the new lawful rent terms: ☐ Yes

• Fair-housing review confirms the increase is not based on a protected characteristic: ☐ Yes

• Any chapter 40P exception, housing-program limit, emergency order, or deed restriction checked: ☐ Yes
• Longer notice required by another law, agreement, or program: ☐ No ☐ Yes — [____] days

1. Property, Parties, and Tenancy

• Date of notice: [__/__/____]
• Housing provider/agent: [________________________________]
• Tenant(s): [________________________________]
• Property address/unit: [________________________________]
• Tenancy: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Week-to-week ☐ Other: [________]
• Lease section authorizing change/renewal: [________________________________]
• Rent is normally due on day [____] of each month.
• Current rental period: from [__/__/____] through [__/__/____]

2. Increase Calculation and Effective Date

Calculation: (proposed amount − current amount) ÷ current amount × 100 = [____]%.

3. Notice to Tenant

Date: [__/__/____]

To: [TENANT NAME(S)]
At: [PROPERTY ADDRESS AND UNIT]

Select and complete one notice route:

☐ Estate at will. This written notice terminates your existing estate at will for the premises at the end of the rental period on [TERMINATION DATE]. We offer a new tenancy for the same premises beginning [NEW TENANCY START DATE] on the rent terms below. The date stated for termination allows the notice period required by Mass. Gen. Laws ch. 186, § 12. If the parties do not establish a new tenancy, the existing estate at will ends on the stated termination date.

☐ Fixed-term lease renewal proposal. Your current lease ends on [LEASE END DATE]. We offer a renewal beginning [RENEWAL START DATE] on the rent terms below, subject to the current lease and the parties' agreement. This proposal does not itself change rent during the current fixed term.

The proposed rent and disclosed recurring housing charges are:

• Current monthly amount: $[________]
• New monthly amount: $[________]
• Change: $[________] ([____]%)

Under the proposed new tenancy or renewal, the new amount is due on the regular rent-payment date and must be paid by the method stated in the applicable rental agreement, unless the parties agree otherwise. All other proposed terms remain unchanged except as expressly stated here:

[____________________________________________________________]

Legal/lease basis and applicable notice period:

[____________________________________________________________]

This notice does not waive any tenant right or housing-provider duty under controlling federal, state, local, subsidy, or rent-control law.

Housing provider/authorized agent: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Contact/address for lawful communications: [________________________________]

4. Service and Proof

Permitted service method verified under current controlling law: ☐ Yes

• Method: ☐ Personal delivery ☐ Mail ☐ Other method confirmed to give actual receipt: [________]
• Person/address served: [________________________________]
• Date/time served or mailed: [__/__/____] [____]
• Date of tenant's actual receipt, if confirmed: [__/__/____]
• Date calculated from actual receipt and the applicable notice period: ☐ Yes
• Tracking/certificate/witness: [________________________________]

I declare that the information above accurately records service of this notice.

Server name/signature/date: [________________________________]

5. File Record

• Signed lease and amendments retained: ☐ Yes
• Coverage/exemption and cap calculation retained: ☐ Yes
• Current state and applicable program sources saved or cited: ☐ Yes
• Copy of notice and service proof retained: ☐ Yes
• Effective date independently rechecked after service: ☐ Yes

Sources and References

• 42 U.S.C. § 3604(b), (f)(2) — https://uscode.house.gov/us/usc/119-120/t42/s3604/
• Mass. Gen. Laws ch. 186, § 12 — Massachusetts Legislature — https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section12
• Mass. Gen. Laws ch. 40P, § 4 — Massachusetts Legislature — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40P/Section4
• Mass. Gen. Laws ch. 140, § 32J — Massachusetts Legislature — https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXX/Chapter140/Section32J
• 940 CMR 10.03(10) — Massachusetts Attorney General — https://www.mass.gov/doc/940-cmr-10-manufactured-housing-community-regulations/download
• Massachusetts Trial Court eviction guidance — https://www.mass.gov/info-details/find-out-how-to-start-the-eviction-process

Limited community-site route: Massachusetts Manufactured Housing Community Permitted Rent Increase Notice.