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Nantucket is a unique rental market — an island community off the coast of Cape Cod where seasonal demand, high housing costs, and a tight year-round rental supply create significant challenges for tenants. Whether you are a year-round resident, a seasonal worker, or a long-term renter, understanding your rights under Massachusetts law is essential to protecting your home and your money.
Massachusetts provides some of the strongest statewide tenant protections in the country, including strict security deposit rules, a robust sanitary code, and meaningful anti-retaliation protections. Because Nantucket has enacted no local housing ordinances beyond state law, all of your rights and your landlord's obligations flow directly from Massachusetts General Laws. The most commonly searched topics for Nantucket renters include security deposit return, what to do when a landlord refuses repairs, and the rules around eviction notice.
This article is for informational purposes only and does not constitute legal advice. Laws can change, and every tenancy has unique facts. If you face an eviction, a withheld deposit, or unsafe conditions, consult a qualified attorney or contact a legal aid organization.
There is no rent control in Nantucket. Massachusetts voters approved a statewide ballot initiative in November 1994 (Question 9) that prohibited rent control across the entire Commonwealth, effectively ending rent control in the cities that had it — Cambridge, Boston, and Brookline — and barring any municipality from adopting new ordinances.
In 2020, the Massachusetts Legislature enacted Chapter 358 of the Acts of 2020, which repealed the 1994 preemption and restored local authority to enact rent stabilization ordinances. However, as of April 2026, no Massachusetts city or town — including Nantucket — has enacted a new rent control or rent stabilization ordinance under this authority.
In practical terms, this means your landlord in Nantucket can raise your rent by any amount, at any time, as long as proper written notice is provided before the increase takes effect. For a month-to-month tenant, a rent increase requires at least 30 days' written notice (M.G.L. c. 186, § 12). There is no cap on the amount of the increase. For tenants with a fixed-term lease, the rent cannot be raised until the lease expires unless the lease itself provides for increases.
Massachusetts law provides a strong floor of tenant protections that apply in every city and town, including Nantucket.
Security Deposit (M.G.L. c. 186, § 15B): A landlord may not collect a security deposit exceeding one month's rent. The deposit must be deposited in a separate, interest-bearing account at a Massachusetts bank within 30 days of receipt, and the landlord must provide the tenant with written notice of the bank name, account number, and amount deposited. The interest accrued belongs to the tenant.
Habitability and the Sanitary Code (M.G.L. c. 111, § 127L; 105 CMR 410): Every landlord in Massachusetts has a non-waivable duty to maintain the rental unit in compliance with the state Sanitary Code. The Code requires functioning heat (at least 68°F from September 15 through June 15), hot water, working plumbing and electrical systems, freedom from pests, and protection from weather. Tenants may report violations to the Nantucket Board of Health. If conditions are serious and the landlord fails to remedy them after notice, tenants may have the right to withhold rent, repair and deduct the cost of repairs from rent, or terminate the lease under M.G.L. c. 111, § 127L.
Notice to Terminate (M.G.L. c. 186, § 12): To end a month-to-month tenancy, a landlord must give at least 30 days' written notice, and the notice period must end on the last day of a rental period (typically the last day of the month). A tenant is entitled to the same 30-day notice period to terminate. Week-to-week tenancies require at least 7 days' notice.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): A landlord may not increase rent, decrease services, threaten eviction, or bring an eviction action against a tenant in retaliation for the tenant reporting a housing code violation, contacting a government agency, withholding rent due to substandard conditions, or exercising any other legal right. If a landlord takes any adverse action within six months of a protected activity, the law presumes the action is retaliatory. A tenant who prevails on a retaliation claim is entitled to up to three months' rent, attorney's fees, and costs.
Lockout and Utility Shutoff Prohibition (M.G.L. c. 186, § 14): Self-help eviction is illegal in Massachusetts. A landlord may not lock a tenant out, remove doors or windows, or shut off utilities such as heat, electricity, or water in order to force a tenant to leave. A tenant subjected to an illegal lockout or utility shutoff may sue for the greater of three months' rent or actual damages, plus attorney's fees.
Anti-Discrimination (M.G.L. c. 151B): Massachusetts law prohibits housing discrimination based on race, color, national origin, ancestry, sex, sexual orientation, gender identity, age, disability, marital status, familial status, military status, and several other characteristics. The Massachusetts Commission Against Discrimination (MCAD) enforces these protections.
Massachusetts has some of the most detailed and tenant-protective security deposit rules in the United States, all governed by M.G.L. c. 186, § 15B. These rules apply fully to all Nantucket rentals.
Deposit Cap: The security deposit cannot exceed one month's rent, regardless of the term or type of tenancy. A landlord who collects more than one month's rent as a security deposit violates § 15B and must return the excess immediately.
Holding Requirements: Within 30 days of receiving the deposit, the landlord must place it in a separate, interest-bearing account at a Massachusetts-chartered bank or savings institution. The landlord must give the tenant a written receipt stating the bank name, branch address, account number, and the amount deposited. The interest on the account belongs to the tenant and must be paid annually or credited against the final month's rent.
Return Deadline: The landlord must return the deposit — along with any accrued interest — within 30 days after the tenancy ends, accompanied by an itemized written statement listing any deductions and the reason for each. Deductions are only permitted for unpaid rent, damage beyond normal wear and tear, and unpaid real estate taxes the tenant was obligated to pay under the lease.
Penalties for Non-Compliance: If a landlord fails to return the deposit within 30 days, fails to provide the required itemized statement, or wrongfully withholds any portion of the deposit, the tenant is entitled to recover three times the amount wrongfully withheld (treble damages), plus interest, costs, and reasonable attorney's fees under M.G.L. c. 186, § 15B(7). This is one of the most powerful tenant remedies in Massachusetts law.
Last Month's Rent: A landlord may also collect the last month's rent in advance (limited to one month's rent). This amount must also be held in an interest-bearing account and earns interest payable to the tenant.
In Nantucket, evictions are governed by Massachusetts state law — primarily M.G.L. c. 239 (Summary Process) and M.G.L. c. 186. There is no local just cause eviction ordinance on the island, so landlords are not required to state a reason for ending a tenancy (other than complying with notice requirements).
Step 1 — Notice to Quit: Before filing any court action, the landlord must serve the tenant with a written Notice to Quit. The type and length of notice depends on the reason for eviction:
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) case in the Nantucket District Court. The court will schedule a hearing, typically within a few weeks of filing. The tenant must receive proper service of the Summons and Complaint.
Step 3 — Court Hearing: Both parties appear before a judge. The tenant has the right to raise defenses, including retaliation (M.G.L. c. 186, § 18), failure to maintain the unit in habitable condition, improper notice, and acceptance of rent after the notice. If the landlord prevails, the court enters a judgment for possession.
Step 4 — Execution and Move-Out: If a judgment for possession is entered and the tenant does not appeal, the landlord may request an Execution (a court order authorizing a constable to remove the tenant) no sooner than 10 days after the judgment. A constable — not the landlord — must carry out any physical removal.
Self-Help Eviction is Illegal: A landlord who locks out a tenant, removes belongings, shuts off utilities, or takes any other action to force a tenant out without a court order violates M.G.L. c. 186, § 14. The tenant may sue for the greater of three months' rent or actual damages, plus attorney's fees.
Just Cause Eviction: Nantucket has no just cause eviction ordinance. Boston enacted a Just Cause Eviction ordinance effective 2024, but that ordinance applies only within Boston city limits and does not extend to Nantucket.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws in Massachusetts — including statutes, regulations, and local ordinances — can change, and the application of these laws depends on the specific facts of your tenancy. Nothing on this page creates an attorney-client relationship. If you are facing an eviction, a security deposit dispute, unsafe living conditions, or any other housing legal matter in Nantucket, you should consult a qualified Massachusetts attorney or contact a local legal aid organization to get advice tailored to your situation. RentCheckMe makes no representations or warranties as to the accuracy or completeness of this information and is not responsible for any actions taken in reliance on it.
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