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Swampscott is a coastal town in Essex County on Massachusetts' North Shore, with a population of roughly 15,000 residents. While smaller than neighboring Lynn or Salem, Swampscott has a significant renter population and housing costs that reflect the broader Boston metropolitan area's competitive rental market. Renters here most commonly search for information about security deposit rules, what notice a landlord must give before ending a tenancy, and what to do when a landlord fails to make repairs.
All renters in Swampscott are protected by Massachusetts state law, which is among the most tenant-protective in the country. The state's Sanitary Code, security deposit statute, and anti-retaliation law apply in full to every rental unit in town. Swampscott itself has not enacted any local tenant ordinances beyond what state law requires, so understanding Massachusetts law is essential for every renter in town.
This page provides a plain-language overview of the laws that apply to Swampscott tenants. It is intended for informational purposes only and does not constitute legal advice. If you face an eviction, security deposit dispute, or habitability issue, contact a qualified attorney or one of the legal aid organizations listed below.
Swampscott has no rent control, and landlords may raise rents by any amount with proper notice. Massachusetts voters approved a statewide ballot initiative (Question 9) in November 1994 that repealed rent control in every Massachusetts city and town, including the communities of Boston, Cambridge, and Brookline that had active ordinances at the time. No state statute expressly preempts rent control today — the 2020 economic development law (St. 2020, c. 358, § 72) actually removed the prior prohibition and gave municipalities the authority to enact rent stabilization ordinances again — but as of April 2026, no Massachusetts city or town, including Swampscott, has passed a new rent control ordinance.
In practical terms, this means your landlord in Swampscott can increase your rent to any amount at the end of a lease term or, for month-to-month tenancies, with at least 30 days' written notice under M.G.L. c. 186, § 12. There is no cap on annual increases, no requirement that the landlord justify the amount of a rent hike, and no rent registry. If you cannot afford a rent increase, your options are to negotiate with your landlord, seek rental assistance, or look for alternative housing.
Although Swampscott has no local ordinances, Massachusetts state law provides renters with robust protections across several key areas:
Security Deposit (M.G.L. c. 186, § 15B): Landlords may collect no more than one month's rent as a security deposit. The deposit must be held in a separate, interest-bearing bank account in Massachusetts, and the landlord must give you written notice of the bank name and account number within 30 days of receiving the deposit. You are entitled to annual interest on the deposit. At the end of your tenancy, the landlord has 30 days to return the deposit with an itemized written statement of any deductions. Failure to comply with any of these requirements can result in the landlord forfeiting the right to keep any portion of the deposit and owing you treble damages plus attorney's fees.
Habitability & Repairs (M.G.L. c. 111, § 127L; 105 CMR 410): Every rental unit in Swampscott must comply with the Massachusetts State Sanitary Code (105 CMR 410), which sets minimum standards for heat, hot water, pest control, structural integrity, smoke and carbon monoxide detectors, and more. Landlords must maintain units in a habitable condition throughout the tenancy. If your unit has code violations, you may report them to the Swampscott Board of Health, which can inspect the property and order repairs. Depending on the severity of the conditions, M.G.L. c. 111, § 127L allows tenants to withhold rent, make repairs and deduct the cost from rent (up to four months' rent in any 12-month period), or terminate the lease without penalty.
Notice Requirements (M.G.L. c. 186, § 12): For a month-to-month tenancy, either party must give at least 30 days' written notice to terminate, and the notice must be timed to expire at the end of a rental period. For a tenancy at will where rent is paid weekly, at least seven days' notice is required. Fixed-term leases expire on their own terms without additional notice unless the lease specifies otherwise.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): Landlords are prohibited from raising your rent, reducing services, failing to renew a lease, or attempting to evict you in retaliation for exercising legal rights — including reporting code violations to the Board of Health, organizing with other tenants, contacting a government agency, or withholding rent for habitability reasons. Critically, any adverse action taken within six months of a protected act is presumed to be retaliatory under § 18, shifting the burden to the landlord to prove otherwise. A tenant who prevails on a retaliation claim is entitled to one to three months' rent, or actual damages if higher, plus attorney's fees.
Lockout & Utility Shutoff Prohibition (M.G.L. c. 186, § 14): A landlord in Swampscott may not remove a tenant's belongings, change the locks, remove doors or windows, or interfere with essential utilities (heat, hot water, electricity, gas) to force a tenant out. Self-help eviction is illegal regardless of whether rent is owed. A tenant subjected to an illegal lockout may recover actual damages or three months' rent — whichever is greater — plus attorney's fees under M.G.L. c. 186, § 14.
Anti-Discrimination (M.G.L. c. 151B): Massachusetts law prohibits housing discrimination based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, marital status, family status, military or veteran status, and source of income (including Section 8 vouchers). Complaints may be filed with the Massachusetts Commission Against Discrimination (MCAD).
Massachusetts has some of the strictest security deposit rules in the nation, and they apply in full to every Swampscott rental unit under M.G.L. c. 186, § 15B.
Cap: A landlord may collect a security deposit of no more than one month's rent. Collecting more than one month's rent as a security deposit is itself a violation of § 15B, regardless of whether the landlord returns the excess later.
Holding Requirements: The deposit must be kept in a separate, interest-bearing account at a Massachusetts bank. Within 30 days of receiving the deposit, the landlord must provide you with written notice of the bank's name and address, the account number, and the amount deposited. You earn interest on the deposit at the rate of 5% per year or the actual rate paid by the bank, whichever is less; the landlord must pay this interest annually or credit it against rent.
Statement of Condition: Within 10 days of move-in (or the date you pay the deposit, if later), the landlord must give you a written statement of the condition of the unit. If the landlord does not provide this statement, they cannot later deduct for pre-existing damage.
Return Deadline: Within 30 days after you vacate, the landlord must return your deposit — or whatever portion is not being withheld — along with a detailed, itemized written statement signed under the pains and penalties of perjury explaining any deductions. Allowable deductions are limited to unpaid rent and actual damage beyond normal wear and tear.
Penalties for Non-Compliance: If a landlord fails to return the deposit on time, fails to provide the required itemized statement, or wrongfully withholds any portion of the deposit, you are entitled to treble damages (three times the amount wrongfully withheld), plus interest, court costs, and reasonable attorney's fees under M.G.L. c. 186, § 15B(7). Courts have consistently enforced this penalty even for technical violations of the statute's procedural requirements.
Evictions in Swampscott follow the Massachusetts summary process procedure governed by M.G.L. c. 239 and the related notice statutes. A landlord cannot remove a tenant without going through the court process — self-help eviction is illegal under M.G.L. c. 186, § 14.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. The type and length of notice 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 Summons and Complaint in the Northeast Housing Court (which covers Essex County, including Swampscott). The tenant is served with a summons specifying the hearing date.
Step 3 — Answer and Discovery: The tenant has the right to file a written Answer raising defenses (such as retaliation, habitability violations, improper notice, or payment of rent) and counterclaims. Tenants may also request a discovery conference. Raising counterclaims is important — a successful habitability counterclaim can result in a rent abatement that offsets or exceeds the amount owed.
Step 4 — Hearing: A judge hears both sides at the Northeast Housing Court. If the landlord prevails, the court enters a judgment for possession. The tenant typically has 10 days to appeal or vacate before a Writ of Execution is issued.
Step 5 — Execution and Move-Out: Only a court-issued Writ of Execution authorizes a sheriff or constable to physically remove the tenant. A landlord who changes locks, removes belongings, or shuts off utilities before this step has committed an illegal eviction and is liable under M.G.L. c. 186, § 14 for treble damages or three months' rent, whichever is greater.
Just Cause Eviction: Swampscott has not enacted a just cause eviction ordinance. Unlike Boston, which passed a Just Cause Eviction ordinance in 2024, Swampscott landlords are not required to state a valid reason for ending a tenancy at the conclusion of a lease term or with proper notice on a month-to-month tenancy. However, evictions that are retaliatory in nature remain unlawful under M.G.L. c. 186, § 18.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and may have changed since this page was last updated in April 2026. The application of these laws to your specific situation depends on facts that only a qualified attorney can evaluate. If you are facing eviction, a security deposit dispute, or any other housing legal matter, please consult a licensed Massachusetts attorney or contact one of the legal aid organizations listed above. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any action taken in reliance on it.
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