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Burlington is a mid-sized town in Middlesex County, Massachusetts, located approximately 12 miles northwest of Boston along Route 128. While Burlington is primarily known as a commercial and retail hub, a significant portion of its residents rent apartments and condominiums, particularly in complexes near the Route 3 and I-95 corridors. Burlington renters most commonly search for guidance on security deposit rules, rent increase limits, and what happens when a landlord fails to make repairs.
Burlington has no local tenant protection ordinances beyond what Massachusetts state law provides. However, Massachusetts state law is among the most protective in the nation for renters. The state's strict security deposit statute (M.G.L. c. 186, § 15B), strong habitability requirements under the State Sanitary Code (105 CMR 410.000), and robust anti-retaliation protections (M.G.L. c. 186, § 18) give Burlington tenants meaningful rights even without a local ordinance.
This article explains your rights as a Burlington renter under Massachusetts law. It is provided for informational purposes only and is not legal advice. Laws can change, and your specific situation may require guidance from a qualified attorney or legal aid organization.
Burlington has no rent control, and there is currently no rent control anywhere in Massachusetts. Massachusetts voters passed a statewide ballot initiative in November 1994 (Question 9) that effectively banned rent control across all municipalities. Cambridge, Boston, and Brookline had previously maintained local rent control ordinances, but those were eliminated when the ballot measure took effect in January 1995.
In 2020, the Massachusetts Legislature enacted Chapter 358 of the Acts of 2020, which removed the statutory prohibition on local rent control and theoretically allowed cities and towns to enact their own ordinances again (now codified in relevant sections of M.G.L. c. 40P). However, as of April 2026, no Massachusetts municipality — including Burlington — has enacted a new rent control ordinance under this authority.
In practical terms, this means Burlington landlords may raise rent by any amount with proper notice. For month-to-month tenants, a landlord must provide at least 30 days' written notice before a rent increase takes effect (M.G.L. c. 186, § 12). Fixed-term lease tenants are protected from rent increases until their lease expires, at which point the landlord may propose a new rental amount. There is no cap on how much rent can be increased in Burlington.
Massachusetts provides a comprehensive set of tenant protections that apply in Burlington and every other city and town in the state.
Security Deposit Rules (M.G.L. c. 186, § 15B): Landlords in Burlington may collect a security deposit of no more than one month's rent. The deposit must be held in a separate, interest-bearing account at a Massachusetts bank, and the landlord must provide the tenant with written notice of the bank name, account number, and interest rate within 30 days. Landlords must also provide tenants with a Statement of Condition describing the rental unit's condition at the time of move-in.
Habitability and Repairs (M.G.L. c. 111, § 127L; 105 CMR 410.000): Every rental unit in Burlington must comply with the Massachusetts State Sanitary Code (105 CMR 410.000). Landlords are legally required to maintain safe and sanitary conditions, including heat (at least 68°F between September 16 and June 14), hot water, working plumbing, and freedom from pests and structural hazards. Tenants may report violations to the Burlington Board of Health, which has authority to inspect and order repairs. If conditions are severe, tenants may have the right to withhold rent, repair and deduct the cost of repairs (up to four months' rent per year), or terminate the lease under M.G.L. c. 111, § 127L.
Notice to Terminate (M.G.L. c. 186, § 12): A landlord who wishes to end a month-to-month tenancy must provide the tenant with at least 30 days' written notice. The notice must be given in advance of the last day of a rental period — meaning if rent is due on the first of each month, the notice must be received by the tenant at least 30 days before the end of that rental period. Tenants wishing to terminate a month-to-month tenancy must provide the same 30-day notice to the landlord.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): Massachusetts law strongly protects tenants who exercise their legal rights. A landlord may not raise rent, reduce services, threaten eviction, or take other adverse action against a tenant within six months of the tenant reporting a housing code violation, contacting a government agency about conditions, or exercising any right under the lease or state law. If a landlord takes adverse action within that six-month window, the law presumes the action was retaliatory, and the burden shifts to the landlord to prove otherwise. Tenants who prevail in a retaliation claim may recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees.
Lockout and Utility Shutoff Prohibition (M.G.L. c. 186, § 14): Self-help eviction is illegal in Massachusetts. A landlord cannot remove a tenant's belongings, change the locks, or shut off utilities — including heat, electricity, or water — to force a tenant out. Tenants subjected to an illegal lockout or utility shutoff may sue for actual damages or three months' rent, whichever is greater, plus attorney's fees and court costs.
Anti-Discrimination (M.G.L. c. 151B; M.G.L. c. 151C): Massachusetts law prohibits discrimination in housing based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, marital status, military status, or source of income (including Section 8 vouchers). The Massachusetts Commission Against Discrimination (MCAD) enforces these protections and tenants may file complaints at mcad.state.ma.us.
Massachusetts has among the strictest security deposit rules in the United States, and they apply in full to Burlington landlords and tenants.
Maximum Amount: A landlord may collect a security deposit of no more than one month's rent (M.G.L. c. 186, § 15B(1)(b)). Collecting more than one month's rent as a security deposit is a violation of state law.
Holding Requirements: The security deposit must be placed in a separate, interest-bearing bank account at a Massachusetts financial institution within 30 days of receipt. The landlord must provide written notice to the tenant identifying the bank name, branch, account number, and current interest rate. Interest accrues in favor of the tenant and must be paid annually or applied to the last month's rent if the tenant requests.
Statement of Condition: Within 10 days of the tenant's move-in (or upon receipt of the deposit, whichever is later), the landlord must provide a written Statement of Condition documenting the condition of the unit. The tenant has 15 days to note any disagreements with the statement in writing (M.G.L. c. 186, § 15B(2)).
Return Deadline: After the tenancy ends, the landlord must return the security deposit — along with accrued interest and an itemized list of any deductions — within 30 days (M.G.L. c. 186, § 15B(4)). Deductions are only allowed for unpaid rent, damage beyond normal wear and tear, and certain other costs specifically permitted by statute.
Penalties for Violations: If a landlord fails to return the deposit within 30 days, fails to provide the required bank notice, commingles the deposit with personal funds, or wrongfully withholds any portion, the tenant may sue for treble damages (three times the amount wrongfully withheld), plus attorney's fees and court costs (M.G.L. c. 186, § 15B(7)). These penalties are among the strongest in the country and apply even if the landlord committed only a technical procedural violation.
Evictions in Burlington follow the Massachusetts summary process statute (M.G.L. c. 239). The process has several required steps, and landlords who skip any step risk having the eviction dismissed by the court.
Step 1 — Notice to Quit: Before filing any eviction action, a landlord must first serve the tenant with a written Notice to Quit. The required notice period depends on the reason for eviction: nonpayment of rent requires at least 14 days' notice (M.G.L. c. 186, § 11); termination of a month-to-month tenancy for no cause requires at least 30 days' notice (M.G.L. c. 186, § 12); lease violations other than nonpayment require notice as specified in the lease or a reasonable period. The notice must be served personally on the tenant or left at the rental unit.
Step 2 — Summary Process Summons and Complaint: If the tenant does not vacate after the notice period expires, the landlord may file a Summary Process (eviction) complaint with the Northeast Housing Court, which serves Middlesex County including Burlington. After filing, the court will schedule an answer date and a hearing date. The tenant must be served with the summons and complaint.
Step 3 — Answer and Hearing: The tenant has the right to file a written answer raising defenses — such as retaliation, breach of the warranty of habitability, or improper notice — and counterclaims. The case is heard by a Housing Court judge. Tenants are strongly encouraged to appear; failure to appear can result in a default judgment in favor of the landlord.
Step 4 — Judgment and Execution: If the landlord prevails, the court enters a judgment for possession. The landlord must then obtain an Execution (a court order) before a constable or sheriff can physically remove the tenant. There is a 10-day waiting period after judgment before an Execution may issue, during which the tenant may appeal or seek a stay.
Just Cause Eviction: Burlington has no just cause eviction ordinance. Unlike Boston, which enacted a Just Cause Eviction ordinance effective 2024, Burlington landlords are not required to provide a specific reason to terminate a tenancy at the end of a lease term or a month-to-month tenancy, as long as proper notice is given.
Self-Help Eviction is Illegal: A landlord in Burlington may never evict a tenant by changing the locks, removing doors or windows, shutting off utilities, removing belongings, or otherwise using force or intimidation. These actions are illegal under M.G.L. c. 186, § 14, regardless of whether the tenant owes rent or has violated the lease. Tenants subjected to self-help eviction may recover three months' rent or actual damages (whichever is greater), plus attorney's fees.
This article is provided for informational purposes only and does not constitute legal advice. The information reflects our best understanding of Massachusetts tenant rights law as of April 2026, but laws and local regulations can change. Burlington renters with specific legal questions or problems — including eviction, security deposit disputes, or habitability issues — should consult a qualified attorney or contact a legal aid organization such as Greater Boston Legal Services. RentCheckMe is not a law firm and no attorney-client relationship is created by using this site.
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