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Salem is a mid-sized city of approximately 45,000 residents in Essex County, situated on the North Shore of Massachusetts about 16 miles northeast of Boston. With a significant renter population drawn to its historic character, proximity to Boston, and growing downtown, Salem's rental market has seen rising demand and rent increases in recent years. Tenants here most commonly search for information about security deposit rules, their rights when a landlord refuses repairs, and what happens if they receive an eviction notice.
Salem does not have any local rent control ordinance or additional renter protections beyond what Massachusetts state law provides. However, state law in Massachusetts is notably strong compared to most of the country — covering security deposit limits and penalties, warranty of habitability, anti-retaliation protections, and strict notice requirements for eviction. Understanding these state-level rights is essential for every Salem renter.
This guide is intended as an informational resource only and does not constitute legal advice. Laws can change, and your specific situation may involve facts that affect how the law applies to you. If you have a housing dispute, consider contacting a local legal aid organization or a licensed Massachusetts attorney.
Salem has no rent control, and landlords may raise rent by any amount with proper notice. Massachusetts voters repealed rent control statewide in November 1994 via ballot Question 9, which effectively ended rent control in every Massachusetts municipality. Cities that previously had rent stabilization programs — including Boston, Cambridge, and Brookline — were required to dismantle them by January 1, 1995.
In 2020, the Massachusetts legislature passed Chapter 358 of the Acts of 2020, which removed the statutory prohibition on local rent control ordinances that had been in place since the 1994 repeal. This change means cities and towns are now legally permitted to enact new rent stabilization laws — but as of April 2026, no Massachusetts municipality, including Salem, has enacted such an ordinance. Salem's City Council has not passed any rent stabilization measure.
In practice, this means Salem landlords can set rents at market rate for new tenancies and increase rent on existing month-to-month tenants with at least 30 days' written notice under M.G.L. c. 186, § 12. For tenants with a fixed-term lease, the rent cannot be raised until the lease expires unless the lease explicitly permits mid-term increases. Renters in Salem should carefully review their lease terms and track any proposed rent increases.
Massachusetts provides a robust set of tenant protections that apply to every renter in Salem. The key provisions are summarized below.
Security Deposit Rules (M.G.L. c. 186, § 15B): Landlords 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 and account number within 30 days of receiving the deposit. Landlords must return the deposit — plus accrued interest — within 30 days after the tenancy ends, along with an itemized written statement of any deductions. Failure to comply can expose the landlord to liability for treble (triple) damages plus attorney's fees.
Warranty of Habitability & Sanitary Code (M.G.L. c. 111, § 127L; 105 CMR 410): Every residential rental unit in Massachusetts must meet the state Sanitary Code, which sets minimum standards for heat, hot water, structural integrity, pest control, and more. Landlords are legally required to maintain the premises in habitable condition throughout the tenancy. If a landlord fails to correct code violations after proper notice, tenants may report the condition to the Salem Board of Health, withhold rent, use a repair-and-deduct remedy (for lesser repairs, up to four months' rent in a 12-month period), or terminate the lease if conditions are severe enough under M.G.L. c. 111, § 127L.
Heat & Utilities (105 CMR 410.201): Landlords who are responsible for heat must maintain indoor temperatures of at least 68°F between 7:00 a.m. and 11:00 p.m. and at least 64°F at all other times from September 15 through June 15. Violations can be reported to the local board of health.
Notice Requirements (M.G.L. c. 186, § 12): To terminate a month-to-month tenancy, either the landlord or tenant must give at least 30 days' written notice, and that notice must expire at the end of a rental period. For week-to-week tenancies, 7 days' notice is required. Fixed-term leases end on their expiration date without additional notice unless a different arrangement is stated in the lease.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): Massachusetts law prohibits landlords from retaliating against tenants who exercise their legal rights — such as reporting code violations, contacting the board of health, or joining a tenant organization. Retaliation includes rent increases, reduction of services, or initiation of eviction proceedings. Critically, any adverse action taken within six months of a tenant's protected activity is legally presumed to be retaliatory, shifting the burden to the landlord to prove otherwise. A tenant who prevails in a retaliation claim may recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees.
Lockout & Utility Shutoff Prohibition (M.G.L. c. 186, § 14): Landlords are strictly prohibited from engaging in self-help eviction tactics, including changing locks, removing doors or windows, or shutting off utilities to force a tenant out. A landlord who violates this law may be liable to the tenant for actual damages or three months' rent — whichever is greater — plus attorney's fees and costs.
Discrimination Protections (M.G.L. c. 151B): Massachusetts law prohibits housing discrimination based on race, color, national origin, sex, religion, disability, familial status, age, marital status, sexual orientation, gender identity, veteran status, and source of income (including Section 8 vouchers). The Massachusetts Commission Against Discrimination (MCAD) handles housing discrimination complaints.
Massachusetts has some of the most tenant-protective security deposit laws in the United States, and every Salem landlord and renter should understand these rules carefully.
Maximum Amount: Under M.G.L. c. 186, § 15B(1)(b), a landlord may not collect a security deposit exceeding one month's rent. Landlords may also collect first and last month's rent and a key deposit (not to exceed the cost of replacing the key) at move-in, but the security deposit itself is capped at one month's rent regardless of the lease term.
Separate Interest-Bearing Account: The security deposit must be deposited in a separate, interest-bearing account at a Massachusetts bank within the state. The landlord must provide the tenant with a written receipt identifying the bank name, address, and account number, as well as the amount deposited, within 30 days of receiving the deposit (M.G.L. c. 186, § 15B(3)(a)). Failure to do so can render the landlord liable to return the entire deposit on demand.
Move-In Statement of Condition: At or before the start of the tenancy (or within 10 days of move-in), the landlord must provide a written statement of the condition of the rental unit. The tenant must sign and return it within 15 days, noting any disagreements. This document is critical to disputes over deposit deductions at move-out.
Return Deadline: The landlord must return the security deposit — along with a written itemized statement of any deductions — within 30 days after the tenant vacates the unit (M.G.L. c. 186, § 15B(4)). The landlord may only deduct for unpaid rent or for damage beyond normal wear and tear that is documented in the move-in statement of condition.
Penalties for Non-Compliance: If a landlord fails to return the deposit within 30 days, fails to provide the required itemized statement, wrongfully withholds any portion of the deposit, or fails to maintain the deposit in a proper account, the tenant is entitled to recover the entire deposit amount plus interest, plus an additional amount equal to three times the withheld amount (treble damages), plus reasonable attorney's fees and court costs (M.G.L. c. 186, § 15B(7)). This makes non-compliance extremely costly for landlords.
Evictions in Salem follow Massachusetts state law procedures, which provide important procedural protections for tenants at each stage of the process.
Notice Requirements: Before filing in court, a landlord must serve the tenant with a formal written notice. The type and length of notice depends on the reason for eviction:
Summary Process Court Filing: If the tenant does not vacate after the notice period, the landlord may file a Summary Process (eviction) complaint in the Salem District Court or Eastern Essex Housing Court, which has jurisdiction over Essex County. The court will schedule a hearing, typically within 10–14 days of service of the summons.
Court Hearing & Answer: The tenant has the right to file a written Answer and assert defenses and counterclaims — such as improper notice, breach of the warranty of habitability, or retaliation. Tenants who raise valid defenses or counterclaims may be able to defeat the eviction or negotiate a resolution. It is strongly advisable to file a written Answer before the hearing deadline.
Judgment & Appeal: If the court enters judgment for the landlord, the tenant typically has 10 days to appeal to the Appellate Division of the District Court. Execution (the legal order allowing a constable to remove the tenant) may not be issued until after any appeal period expires and is subject to further notice requirements.
Just Cause Eviction: Salem does not have a just cause eviction ordinance. Unlike Boston, which enacted a Just Cause Eviction ordinance in 2024 requiring landlords to have a valid stated reason to end a tenancy, Salem landlords may terminate a tenancy without cause as long as proper notice is given. However, they may not evict in retaliation for a tenant exercising legal rights under M.G.L. c. 186, § 18.
Self-Help Eviction Is Illegal: Under M.G.L. c. 186, § 14, a landlord may never use self-help eviction tactics — including changing the locks, removing the tenant's belongings, removing doors or windows, or shutting off utilities — to force a tenant out, even if the tenant owes rent. Only a court-ordered execution carried out by a licensed constable is a lawful eviction. Violations expose the landlord to liability for three months' rent or actual damages, whichever is greater, plus attorney's fees.
This guide is provided for informational purposes only and does not constitute legal advice. The information on this page reflects laws and regulations as of April 2026 and may not account for subsequent changes to federal, state, or local law. Every tenant's situation is different, and the application of these laws to your specific circumstances may vary. If you are facing an eviction, a security deposit dispute, or any other housing legal matter, you should consult a licensed Massachusetts attorney or contact a qualified legal aid organization in your area. RentCheckMe is not a law firm and does not provide legal representation.
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