Tenant Rights in Andover, Massachusetts

Key Takeaways

  • None — Massachusetts voters banned rent control statewide in 1994 (Question 9); no local ordinance has been enacted.
  • Must be returned within 30 days with an itemized statement; violations can result in treble damages (M.G.L. c. 186, § 15B).
  • At least 30 days' written notice required for month-to-month tenancies, expiring at the end of a rental period (M.G.L. c. 186, § 12).
  • Not required in Andover — no local just-cause ordinance; standard Massachusetts eviction law applies.
  • Greater Boston Legal Services, Mass Legal Help – Housing, Community Legal Aid

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1. Overview: Tenant Rights in Andover

Andover is a suburban town in Essex County, Massachusetts, with a population of approximately 36,000 residents. While the majority of housing in Andover is owner-occupied, a meaningful share of residents rent apartments, condominiums, and single-family homes. Renters in Andover frequently search for information about security deposit rules, landlord repair obligations, and their rights when facing eviction — all areas governed by Massachusetts state law.

Massachusetts is widely regarded as one of the most tenant-protective states in the nation. Andover renters benefit from strict security deposit requirements, a strong sanitary code enforced through local boards of health, robust anti-retaliation protections, and clear notice requirements — all codified in the Massachusetts General Laws. While Andover has not enacted any local tenant-protection ordinances beyond state law, the statewide framework provides significant safeguards.

This article is intended as an informational overview of tenant rights in Andover, Massachusetts. It is not legal advice. Laws can change, and individual circumstances vary. If you are facing an eviction or have a specific dispute with your landlord, consult a licensed attorney or a free legal aid organization.

2. Does Andover Have Rent Control?

Andover has no rent control, and no rent stabilization ordinance of any kind. Massachusetts voters approved a statewide ballot initiative — Question 9 — in November 1994 that repealed rent control in every Massachusetts city that had it (primarily Boston, Cambridge, and Brookline) and effectively prohibited new rent control ordinances. That prohibition remained in effect until 2020, when the Massachusetts Legislature enacted Chapter 358 of the Acts of 2020, lifting the statewide ban and allowing individual cities and towns to enact rent control again if they choose.

However, as of April 2026, no Massachusetts municipality — including Andover — has enacted a rent control or rent stabilization ordinance under the 2020 authorization. Until Andover or the Massachusetts Legislature acts, there is no cap on how much a landlord may increase rent. A landlord may raise rent to any amount, at any time, as long as they provide proper written notice before the increase takes effect (at least 30 days for month-to-month tenants under M.G.L. c. 186, § 12).

Andover renters should monitor legislative developments at the state and local level. Organizations like the Boston Tenant Coalition track proposed rent-stabilization bills at the Massachusetts State House that could eventually affect all municipalities, including Andover.

3. Massachusetts State Tenant Protections That Apply in Andover

Massachusetts state law provides Andover renters with a robust set of protections across several key areas:

Security Deposits (M.G.L. c. 186, § 15B): Massachusetts imposes some of the strictest security deposit rules in the United States. A landlord may collect a security deposit of no more than one month's rent. The deposit must be held in a separate, interest-bearing bank account in Massachusetts, and the tenant must receive written notice of the bank name, address, and account number within 30 days of receiving the deposit. The landlord must pay the tenant interest on the deposit annually. Upon move-out, the landlord has 30 days to return the deposit along with a written itemized statement of any deductions. Failure to comply with these requirements can expose the landlord to liability for three times the deposit amount, plus interest, attorney's fees, and costs.

Warranty of Habitability & Sanitary Code (M.G.L. c. 111, § 127L; 105 CMR 410): Every Massachusetts landlord is required to maintain a rental unit in a habitable condition that complies with the State Sanitary Code (105 CMR 410). This includes providing adequate heat (at least 68°F from September 16 through June 14), hot water, functioning plumbing, structural soundness, and freedom from pest infestation. If a landlord fails to make necessary repairs after proper notice, tenants may report violations to the Andover Board of Health, withhold rent, repair and deduct repair costs (up to four months' rent per year), or in severe cases terminate the lease (M.G.L. c. 111, § 127L).

Notice to Terminate (M.G.L. c. 186, § 12): For month-to-month tenancies, a landlord must provide at least 30 days' written notice before terminating the tenancy. The notice period must expire at the end of a rental period (typically the last day of a month). A tenant must provide the same 30-day notice to vacate. Fixed-term leases expire by their own terms; the landlord is generally not required to give additional notice unless the lease provides otherwise.

Anti-Retaliation (M.G.L. c. 186, § 18): Massachusetts law prohibits landlords from retaliating against tenants who exercise their legal rights. Protected activities include reporting housing code violations to a government agency, organizing or joining a tenants' union, or exercising any right afforded by law. If a landlord raises rent, reduces services, fails to renew a lease, or initiates eviction within six months of a protected activity, Massachusetts law presumes the action is retaliatory. The landlord bears the burden of proving a non-retaliatory reason. Tenants who prevail on a retaliation claim are entitled to up to three months' rent, or actual damages, plus attorney's fees.

Lockout & Utility Shutoff Prohibition (M.G.L. c. 186, § 14): Self-help eviction is illegal in Massachusetts. A landlord may not remove a tenant's belongings, change the locks, shut off utilities, or otherwise interfere with a tenant's quiet enjoyment in an attempt to force them out. A tenant subjected to an illegal lockout or utility shutoff may sue for three months' rent or actual damages — whichever is greater — plus attorney's fees.

Anti-Discrimination (M.G.L. c. 151B): Massachusetts fair housing law prohibits discrimination in rental housing based on race, color, national origin, sex, sexual orientation, gender identity, religion, disability, familial status, marital status, military status, age, and source of income (including Section 8 vouchers). The Massachusetts Commission Against Discrimination (MCAD) enforces these protections.

4. Security Deposit Rules in Andover

Massachusetts has among the most tenant-protective security deposit rules in the nation, and they apply in full to every Andover rental. The governing statute is M.G.L. c. 186, § 15B.

Cap: A landlord may collect a security deposit of no more than one month's rent. Collecting more than one month's rent as a security deposit is a violation of the statute.

Separate Account & Interest: The deposit must be held in a separate, interest-bearing account at a Massachusetts bank. Within 30 days of receiving the deposit, the landlord must provide the tenant with written notice of the bank's name and address and the account number. The landlord must pay the tenant interest on the deposit each year (at the rate paid by the bank, or 5% per year if the account pays less). Interest may be applied to the last month's rent or returned to the tenant annually.

Return Deadline: The landlord must return the security deposit — and any accrued interest — within 30 days after the tenancy ends. If the landlord withholds any portion, they must provide an itemized written statement of deductions along with supporting receipts or invoices. Normal wear and tear cannot be deducted.

Penalties for Non-Compliance: If a landlord fails to return the deposit on time, fails to provide the itemized statement, commingled the deposit with other funds, or otherwise violated the statutory requirements, the tenant may sue and recover three times the amount of the deposit, plus interest, court costs, and reasonable attorney's fees (M.G.L. c. 186, § 15B(7)). This treble-damages provision gives tenants significant leverage to enforce their rights.

Last Month's Rent: Many Massachusetts landlords collect first month's rent, last month's rent, and a security deposit at the lease signing. Last month's rent is separate from the security deposit and is governed by slightly different rules under M.G.L. c. 186, § 15B — it must also be held in an interest-bearing account, and the tenant must receive interest on it annually.

5. Eviction Process and Your Rights in Andover

Massachusetts law governs the eviction process for all Andover rentals. Evictions — called Summary Process actions in Massachusetts — must proceed through the court system. A landlord cannot remove a tenant without a court order.

Step 1 — Notice to Quit: Before filing in court, the landlord must serve the tenant with a written Notice to Quit. The required notice period depends on the reason for eviction:

Step 2 — Summary Process Summons & Complaint: If the tenant does not vacate after the notice period expires, the landlord must file a Summary Process Summons and Complaint in the appropriate court — for Andover, that is the Northeast Housing Court (Lawrence, MA). The tenant is served with the summons, which sets the date for the Answer and the hearing.

Step 3 — Answer & Hearing: The tenant has the right to file a written Answer raising defenses (such as retaliation, habitability violations, or improper notice) and counterclaims (such as security deposit violations or illegal lockout). The case is heard before a judge or a Housing Court magistrate. Both parties may present evidence and testimony.

Step 4 — Judgment & Execution: If the court enters a judgment for the landlord, it will issue an Execution after 10 days (or longer if the tenant appeals or requests a stay). Only a constable or sheriff may enforce the Execution by physically removing the tenant. A tenant who believes the eviction was improper may appeal to the Appellate Division of the Housing Court.

Self-Help Eviction is Illegal (M.G.L. c. 186, § 14): A landlord may never lock out a tenant, remove doors or windows, shut off utilities, or remove belongings to force a tenant out without a court order. Doing so entitles the tenant to recover three months' rent or actual damages — whichever is greater — plus attorney's fees and costs.

No Just-Cause Requirement: Andover has no just-cause eviction ordinance. A landlord may terminate a month-to-month tenancy without stating a reason, as long as they provide the required 30-day notice. (By contrast, Boston's 2024 Just Cause Eviction Ordinance requires a valid reason to end a tenancy, but that ordinance does not apply in Andover.)

6. Resources for Andover Tenants

This article is provided for informational purposes only and does not constitute legal advice. The information on this page reflects Massachusetts law and Andover-specific regulations as of April 2026, but laws change and individual circumstances vary significantly. Renters in Andover who have specific questions about their rights, a pending eviction, a security deposit dispute, or any other landlord-tenant matter should consult a licensed Massachusetts attorney or contact a free legal aid organization such as Greater Boston Legal Services or Mass Legal Help. RentCheckMe makes no warranties about the completeness or accuracy of this information and is not responsible for actions taken in reliance on it.

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Frequently Asked Questions

Does Andover have rent control?
No. Andover has no rent control or rent stabilization ordinance. Massachusetts voters repealed rent control statewide via ballot Question 9 in 1994, and while a 2020 state law (Chapter 358) lifted that ban, no Massachusetts municipality — including Andover — has enacted a new ordinance as of April 2026. Landlords in Andover may raise rent to any amount with proper notice.
How much can my landlord raise my rent in Andover?
There is no cap on rent increases in Andover. Because the town has no rent control or stabilization ordinance, a landlord may raise rent by any amount. For a month-to-month tenancy, the landlord must provide at least 30 days' written notice before a rent increase takes effect, and the notice must expire at the end of a rental period (M.G.L. c. 186, § 12). A fixed-term lease locks the rent for the duration of the lease term.
How long does my landlord have to return my security deposit in Andover?
Your landlord must return your security deposit within 30 days after your tenancy ends, along with a written itemized statement of any deductions and supporting receipts (M.G.L. c. 186, § 15B). If the landlord fails to comply — by missing the deadline, failing to provide itemization, or improperly withholding funds — you may be entitled to recover three times the deposit amount plus interest, court costs, and attorney's fees.
What notice does my landlord need before evicting me in Andover?
The required notice depends on the eviction reason. For nonpayment of rent, the landlord must serve a 14-day Notice to Quit (M.G.L. c. 186, § 11). For terminating a month-to-month tenancy without cause, the landlord must provide at least 30 days' written notice expiring at the end of a rental period (M.G.L. c. 186, § 12). After the notice period expires, the landlord must file in the Northeast Housing Court — they cannot remove you without a court order and an executed judgment.
Can my landlord lock me out or shut off utilities in Andover?
No. Self-help eviction is illegal in Massachusetts. A landlord may not change the locks, remove doors or windows, shut off heat, electricity, or water, or remove your belongings to force you out without a court order (M.G.L. c. 186, § 14). If your landlord does any of these things, you have the right to sue for three months' rent or your actual damages — whichever is greater — plus attorney's fees and court costs.
What can I do if my landlord refuses to make repairs in Andover?
Massachusetts gives tenants several powerful remedies when a landlord fails to maintain a habitable unit. You may file a complaint with the Andover Board of Health, which can inspect and cite the landlord for violations of the State Sanitary Code (105 CMR 410). If the landlord still does not repair, you may withhold rent, use the repair-and-deduct remedy (up to four months' rent per year) under M.G.L. c. 111, § 127L, or in severe cases terminate your lease. A landlord who retaliates against you for reporting code violations faces liability for up to three months' rent under M.G.L. c. 186, § 18.

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