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Brookline is a dense, highly educated town of roughly 63,000 residents bordering Boston in Norfolk County. With a large student and professional renter population — driven by proximity to Boston University, Longwood Medical Area, and Harvard — the rental market in Brookline is among the most competitive and expensive in Massachusetts. Renters here most commonly search for information about security deposit rules, lease termination rights, and what to do when a landlord refuses repairs.
Massachusetts provides some of the strongest statewide tenant protections in the country, and those protections apply fully to Brookline renters. Key state laws cover strict limits and procedures for security deposits (M.G.L. c. 186, § 15B), guaranteed habitability standards enforced through the state sanitary code (105 CMR 410), required notice before tenancy termination (M.G.L. c. 186, § 12), and robust anti-retaliation rules (M.G.L. c. 186, § 18). Brookline has not enacted any additional local tenant ordinances beyond what state law requires.
This page is intended as a general informational resource for Brookline renters and is not legal advice. Laws change, and individual circumstances vary — if you are facing an eviction, a security deposit dispute, or unsafe housing conditions, contact a qualified housing attorney or a legal aid organization as soon as possible.
Brookline has no rent control. Brookline, along with Boston and Cambridge, had local rent control ordinances for decades — but Massachusetts voters approved a statewide ballot initiative (Question 9) in November 1994 that immediately and permanently abolished all local rent control across the state. Every existing rent-controlled unit in Brookline lost its protections on January 1, 1995.
In 2020, the Massachusetts legislature passed Chapter 358 of the Acts of 2020, which removed the statewide statutory prohibition on rent control and theoretically permitted cities and towns to enact new rent stabilization ordinances. However, as of April 2026, Brookline has not passed any such ordinance, and no city in Massachusetts currently has active rent control. This means Brookline landlords can raise rents by any amount between lease terms, with no cap, provided they give proper notice and honor the terms of any existing lease.
In practical terms, Brookline renters have no protection against rent increases during a lease term (unless negotiated in the lease), and no protection against large rent hikes at lease renewal. The best defense for renters is a written lease with a fixed term. Monitor local legislative developments if rent stabilization is a priority concern.
Massachusetts law provides Brookline renters with a robust set of protections that apply regardless of any local ordinance.
Security Deposits (M.G.L. c. 186, § 15B): Massachusetts has some of the most detailed security deposit rules in the country. Landlords may not collect a deposit exceeding one month's rent. The deposit must be held in a separate, interest-bearing bank account in Massachusetts, and the landlord must provide the tenant with written notice of the bank name, branch, and account number within 30 days of receiving the deposit. The landlord must also pay the tenant annual interest on the deposit. Upon move-out, the landlord has 30 days to return the deposit along with an itemized written statement of any deductions. Failure to comply can expose the landlord to liability for treble (triple) the deposit amount, plus attorney's fees and court costs.
Warranty of Habitability & Repairs (M.G.L. c. 111, § 127L; 105 CMR 410): Every landlord in Massachusetts is required to maintain rental housing in compliance with the State Sanitary Code (105 CMR 410). This code mandates heat (minimum 68°F from September 15 to June 15), hot water, functioning plumbing, weathertight windows and doors, and freedom from pests, mold, and other hazards. Tenants may report violations to the Brookline Board of Health or the state Department of Public Health. If a landlord fails to remedy a code violation within a reasonable time after notice, tenants may have the right to withhold rent, use a repair-and-deduct remedy up to four months' rent (M.G.L. c. 111, § 127L), or terminate the lease for breach of the implied warranty of habitability.
Notice to Terminate Tenancy (M.G.L. c. 186, § 12): For month-to-month tenants, a landlord must provide at least 30 days' written notice before seeking to terminate the tenancy. The notice period must be equal to the interval between rent payments (so if rent is paid monthly, 30 days' notice is required), and the notice must expire at the end of a rental period. Tenants must provide the same notice to landlords when they intend to vacate.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): Massachusetts law strongly prohibits landlord retaliation against tenants who exercise their legal rights. If a landlord raises rent, reduces services, or initiates eviction proceedings within six months after a tenant reports a housing code violation, contacts a government agency, joins a tenant organization, or asserts any other legal right, the law presumes the landlord's action is retaliatory. The tenant may assert retaliation as a defense in eviction proceedings and may be entitled to damages, costs, and attorney's fees.
Lockout & Utility Shutoff Prohibition (M.G.L. c. 186, § 14): A landlord may not attempt to evict a tenant by removing doors or windows, shutting off utilities, removing the tenant's belongings, or otherwise interfering with the tenant's quiet enjoyment of the unit outside of a court-ordered process. Self-help eviction is illegal in Massachusetts, and a tenant subjected to such conduct may recover actual and consequential damages, up to three months' rent, and attorney's fees.
Anti-Discrimination (M.G.L. c. 151B): Massachusetts prohibits housing discrimination based on race, color, national origin, sex, sexual orientation, gender identity, religion, familial status, disability, source of income (including Section 8 vouchers), age, ancestry, and several other protected classes — protections that go beyond federal fair housing law.
Massachusetts imposes strict rules on security deposits under M.G.L. c. 186, § 15B, and those rules apply in full to Brookline rentals.
Maximum Amount: A landlord may not collect a security deposit greater than the equivalent of one month's rent — regardless of the unit's price or term of the lease.
Holding Requirements: The deposit must be deposited in a separate, interest-bearing escrow account at a Massachusetts bank within 30 days of receipt. The landlord must give the tenant written notice of the bank name, address, and account number. The account must be kept separate from the landlord's personal or business funds.
Interest: The landlord must pay the tenant interest on the deposit annually at the rate paid by the bank, or 5% per year, whichever is less. Interest must be paid within 30 days of each anniversary of the tenancy, or credited toward rent.
Move-In Checklist: At or before the time the deposit is collected, the landlord must provide the tenant with a written statement of the condition of the unit (a move-in checklist). The tenant has 15 days to note any disagreements in writing. This checklist can be critical evidence in any later dispute over deductions.
Return Deadline: Within 30 days after the tenancy ends, the landlord must return the deposit — along with accrued interest — minus any legitimate deductions. The landlord must provide an itemized written statement of all deductions, accompanied by receipts or invoices for any repair costs claimed.
Penalties for Non-Compliance: If the landlord fails to return the deposit on time, fails to provide the required itemized statement, or wrongfully withholds any portion of the deposit, the tenant may be entitled to recover three times (treble) the amount wrongfully withheld, plus interest, court costs, and attorney's fees (M.G.L. c. 186, § 15B(7)). Massachusetts courts enforce these penalties strictly.
Evictions in Brookline follow Massachusetts state law, governed primarily by M.G.L. c. 239 (the Summary Process statute) and related provisions. A landlord cannot remove a tenant from a rental unit without going through the court process.
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 Complaint: If the tenant does not vacate after the notice period expires, the landlord may file a Summary Process (eviction) complaint in the Eastern Housing Court (which has jurisdiction over Brookline and Norfolk County). The tenant is served with a Summons and Complaint and must respond by the answer date specified.
Step 3 — Court Hearing: Both the landlord and tenant appear before a Housing Court judge. Tenants have the right to assert defenses including payment of rent, habitability issues, improper notice, and retaliation (M.G.L. c. 186, § 18). Tenants may also request a jury trial on certain issues.
Step 4 — Judgment & Appeal: If the court rules in the landlord's favor, a judgment for possession is entered. The tenant typically has 10 days to appeal or seek a stay of execution. If no appeal is filed, the landlord may request an Execution (court order for removal).
Step 5 — Physical Removal: Only a licensed constable or sheriff, acting pursuant to a court-issued Execution, may physically remove a tenant and their belongings. The landlord has no legal authority to remove the tenant directly.
Self-Help Eviction Is Illegal: Under M.G.L. c. 186, § 14, it is unlawful for a landlord to attempt to evict a tenant by changing locks, removing doors or windows, shutting off heat, water, or electricity, removing the tenant's belongings, or any other means of interference with the tenant's quiet enjoyment — outside of the court process. Tenants subjected to self-help eviction may seek emergency injunctive relief from Housing Court and may recover actual damages, up to three months' rent, and attorney's fees.
Just Cause Eviction: Brookline does not have a just cause eviction ordinance. Landlords are not required to provide a substantive reason to terminate a tenancy at will, as long as proper notice is given and the termination is not retaliatory or discriminatory.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex, and your specific situation may involve facts or legal nuances not covered here. Laws and local ordinances may change after the date this page was last updated (April 2026). Renters in Brookline who are facing eviction, a security deposit dispute, unsafe housing conditions, or any other legal matter should consult a qualified Massachusetts housing attorney or contact a local legal aid organization such as Greater Boston Legal Services (gbls.org) for advice specific to their circumstances. RentCheckMe is not a law firm and does not provide legal representation.
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