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Fairhaven is a small coastal town in Bristol County, Massachusetts, situated on the western shore of Buzzards Bay adjacent to New Bedford. While its population hovers around 16,000, a meaningful share of residents rent their homes, and those tenants are entitled to the full suite of Massachusetts' robust statewide tenant protections — some of the strongest in the nation.
Renters in Fairhaven most commonly ask about security deposit rules, what notice a landlord must give before ending a tenancy, and what recourse exists when a landlord fails to make repairs. Massachusetts law answers each of these questions in detail, with specific statutes that carry real financial penalties for landlords who violate them. Fairhaven has enacted no local tenant ordinances beyond state law, so the Massachusetts General Laws govern every aspect of the landlord-tenant relationship here.
This page summarizes your key rights as a Fairhaven renter under Massachusetts law. It is provided for informational purposes only and is not legal advice. Laws can change, and individual situations vary — if you face eviction, a security deposit dispute, or uninhabitable conditions, contact a qualified attorney or free legal aid organization.
Fairhaven has no rent control, and no cap on how much a landlord may raise your rent. Massachusetts voters passed a statewide ballot initiative (Question 9) in November 1994 that immediately abolished all rent control ordinances across the commonwealth, including those that had existed in Boston, Cambridge, and Brookline. From that point forward, no Massachusetts municipality retained the legal authority to regulate rents.
In 2020, the state legislature enacted Chapter 358 of the Acts of 2020, which lifted that blanket prohibition and once again permitted individual cities and towns to adopt local rent stabilization ordinances if they chose to do so. As of April 2026, however, no Massachusetts municipality — including Fairhaven — has enacted a new rent control or rent stabilization ordinance. This means landlords in Fairhaven may increase rent by any amount at the expiration of a lease or rental period, subject only to the requirement that proper notice be given (M.G.L. c. 186, § 12).
In practice, this means Fairhaven renters have no protection against large or repeated rent increases beyond negotiating lease terms and understanding their notice rights. If you receive a rent increase notice, you have the right to accept it, negotiate, or vacate — but you cannot legally challenge the amount of the increase under current law.
Although Fairhaven has no local ordinances, Massachusetts state law provides significant protections for renters throughout the commonwealth.
Security Deposits (M.G.L. c. 186, § 15B): Massachusetts caps security deposits at one month's rent. The deposit must be held in a separate, interest-bearing bank account, and the landlord must provide written notice of the bank's name, address, and account number within 30 days of receiving the deposit. Tenants earn interest on their deposit annually. Upon move-out, the landlord has 30 days to return the deposit with an itemized written statement of any deductions. Failure to comply can result in the tenant recovering up to three times the deposit amount, plus attorney's fees.
Habitability and the Sanitary Code (M.G.L. c. 111, § 127L; 105 CMR 410): Massachusetts landlords are required to maintain rental units in a safe and habitable condition in compliance with the State Sanitary Code (105 CMR 410). This includes functioning heat (at least 68°F from September 15 through June 15), hot water, structurally sound walls and ceilings, working smoke and carbon monoxide detectors, and freedom from pest infestations. Tenants may report violations to the Fairhaven Board of Health. Where conditions are serious, tenants may have the right to withhold rent, use the repair-and-deduct remedy, or terminate the lease under M.G.L. c. 111, § 127L.
Notice to Terminate a Tenancy (M.G.L. c. 186, § 12): For month-to-month tenancies, either party must give at least 30 days' written notice before terminating. The notice must be timed so that it expires on the last day of a rental period. A landlord who fails to give proper notice cannot pursue a valid eviction based on that notice.
Anti-Retaliation (M.G.L. c. 186, § 18): Landlords are prohibited from retaliating against tenants who report housing code violations, contact inspectional services, organize with other tenants, or exercise any other legal right. If a landlord raises rent, reduces services, or begins eviction proceedings within six months of a protected tenant action, the law presumes the conduct is retaliatory. A tenant who prevails on a retaliation claim may recover up to three months' rent, attorney's fees, and other damages.
Lockout and Utility Shutoff Prohibition (M.G.L. c. 186, § 14): It is illegal for a landlord in Massachusetts to attempt to evict a tenant through self-help — including changing locks, removing doors or windows, shutting off utilities, or removing the tenant's belongings. Tenants subjected to such conduct are entitled to damages of not less than three months' rent or three times 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, religion, sex, age, ancestry, sexual orientation, gender identity, marital status, military status, disability, receipt of public assistance, and several other protected classes — broader coverage than the federal Fair Housing Act.
Massachusetts has some of the strictest security deposit rules in the United States, and they apply in full to Fairhaven rentals. The governing statute is M.G.L. c. 186, § 15B.
Cap: A landlord may not require a security deposit of more than one month's rent. No additional fees or deposits (other than first month's rent, last month's rent, and the cost of a new lock and key) may be charged at the start of a tenancy.
Holding Requirements: The deposit must be held in a separate, interest-bearing account at a Massachusetts bank. Within 30 days of receipt, the landlord must provide the tenant with a written statement identifying the bank's name and address and the account number. The landlord must also provide the tenant with a receipt and a written statement of the condition of the premises (a move-in checklist) within 10 days of the start of the tenancy or the receipt of the deposit, whichever is later.
Interest: The tenant earns interest on the deposit at the rate paid by the bank or 5% per year, whichever is less. Interest must be paid to the tenant annually or applied to rent.
Return Deadline: The landlord must return the deposit within 30 days after the tenancy ends. Along with the returned funds, the landlord must provide an itemized written statement of any deductions for unpaid rent or damage beyond normal wear and tear. Deductions for damage must be accompanied by receipts or written estimates.
Penalties for Non-Compliance: If the landlord fails to return the deposit on time, fails to provide the required statement, makes improper deductions, or otherwise violates § 15B, the tenant is entitled to recover up to three times the deposit amount, plus interest and reasonable attorney's fees. Courts have found that even technical violations — such as failing to provide the bank account information on time — can trigger the treble damages remedy.
Evictions in Fairhaven are governed by Massachusetts state law, primarily M.G.L. c. 186 and M.G.L. c. 239 (the summary process statute). Fairhaven has no local just cause eviction ordinance, so landlords are not required to state a reason for ending a tenancy beyond providing proper notice.
Step 1 — Notice to Quit: Before filing in court, a landlord must serve the tenant with a written Notice to Quit. The required notice period depends on the reason for the eviction:
Step 2 — Summons and Complaint: If the tenant does not vacate after the notice period expires, the landlord may file a Summary Process (eviction) action in the Southeast Housing Court (which covers Bristol County) or the appropriate District Court. The tenant is then served with a Summons and Complaint and given a hearing date.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to raise defenses, including improper notice, retaliation (M.G.L. c. 186, § 18), breach of the implied warranty of habitability, and discrimination. Tenants may also request a jury trial in housing court.
Step 4 — Judgment and Appeal: If the court enters a judgment for the landlord, the tenant typically has 10 days to appeal or to request a stay of execution. A tenant who appeals must generally post an appeal bond.
Step 5 — Execution: Only after a court issues an execution (a formal order) may the landlord require the tenant to leave. A constable or sheriff serves the execution, and the tenant has 48 hours after service to vacate before a physical move-out can be scheduled.
Self-Help Eviction is Illegal: Under M.G.L. c. 186, § 14, a landlord who changes locks, removes the tenant's belongings, shuts off utilities, or otherwise attempts to force a tenant out without going through the court process is liable to the tenant for a minimum of three months' rent or three times actual damages, whichever is greater, plus attorney's fees. Tenants subjected to an illegal lockout may seek emergency injunctive relief in housing court.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and subject to change; the summaries here may not reflect the most current statutory language, court interpretations, or local regulations. Renters in Fairhaven, Massachusetts who face eviction, a security deposit dispute, an uninhabitable rental unit, or any other landlord-tenant issue should consult a licensed Massachusetts attorney or contact a free legal aid organization such as Community Legal Aid or 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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