Tenant Rights in Swansea, Massachusetts

Key Takeaways

  • None — Massachusetts voters banned rent control statewide in 1994; no new ordinance has been enacted.
  • Must be returned within 30 days with itemized statement; violations may result in treble damages (M.G.L. c. 186, § 15B).
  • At least 30 days' written notice required to end a month-to-month tenancy, expiring at the end of a rental period (M.G.L. c. 186, § 12).
  • Not required in Swansea — Massachusetts has no statewide just cause eviction law, and Swansea has enacted no local ordinance.
  • Greater Boston Legal Services, Mass Legal Help – Housing, Community Legal Aid

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1. Overview: Tenant Rights in Swansea

Swansea is a town of approximately 17,000 residents in Bristol County, situated in southeastern Massachusetts near the Rhode Island border. While smaller than urban centers like Boston or Worcester, Swansea has a notable share of renters who rely on the strong statewide tenant protections Massachusetts provides. Renters here most commonly search for information about security deposit rules, their rights when a landlord fails to make repairs, and what notice they are entitled to before being asked to leave.

Massachusetts does not have rent control anywhere in the state, including Swansea. However, the Commonwealth's tenant protection statutes — particularly around security deposits, habitability, and retaliation — are among the strongest in the nation. Tenants in Swansea benefit from these statewide rules even in the absence of any local ordinances going beyond state law.

This page is intended as an informational resource to help Swansea renters understand their rights. It is not legal advice. If you have a specific dispute with your landlord, consult a licensed Massachusetts attorney or a legal aid organization serving Bristol County.

2. Does Swansea Have Rent Control?

Swansea has no rent control, and neither does any other city or town in Massachusetts. Massachusetts voters approved a statewide ballot initiative — Question 9 — in November 1994 that banned rent control throughout the Commonwealth. Cities like Boston, Cambridge, and Brookline had operated rent control programs before that vote, but all were eliminated when the measure passed.

In 2020, the Massachusetts Legislature enacted Chapter 358 of the Acts of 2020, which removed the statutory prohibition on municipalities enacting new rent stabilization ordinances. In theory, this means a city or town could now pass a local rent control law. In practice, as of April 2026, no Massachusetts municipality — including Swansea — has enacted such an ordinance.

What this means for Swansea renters: your landlord may raise your rent by any amount at the end of a lease term or with proper notice on a month-to-month tenancy. There is no cap on rent increases, no requirement that a landlord justify an increase, and no registration or review process. Your primary protection against an unwanted rent hike is your lease term — if you are mid-lease, your rent cannot be raised until the lease expires (unless the lease itself permits it).

3. Massachusetts State Tenant Protections That Apply in Swansea

Although Swansea has no local tenant ordinances, Massachusetts state law provides renters with robust protections in several key areas.

Security Deposit (M.G.L. c. 186, § 15B): Massachusetts limits security deposits to no more than one month's rent. The deposit must be held in a separate, interest-bearing bank account, and the landlord must provide you with written notice of the bank name and account number within 30 days of receiving the deposit. Tenants earn interest on the deposit at the rate set annually by the state. If the landlord fails to comply with these requirements, you may be entitled to the immediate return of the deposit plus treble damages and attorney's fees.

Habitability & Repairs (M.G.L. c. 111, § 127L; 105 CMR 410): Landlords in Massachusetts are required to maintain rental units in compliance with the state Sanitary Code (105 CMR 410), which sets minimum standards for heat, hot water, ventilation, pest control, and structural safety. If your landlord fails to address a serious code violation, you may report the condition to Swansea's Board of Health. Depending on the severity, you may have the right to withhold rent, use the repair-and-deduct remedy, or terminate your lease under M.G.L. c. 111, § 127L.

Notice to Terminate (M.G.L. c. 186, § 12): For month-to-month tenancies, your landlord must give you at least 30 days' written notice before terminating the tenancy, and that notice must expire at the end of a rental period. Similarly, you must give your landlord the same notice if you intend to leave. Simply sending a text or verbal notice does not satisfy this requirement — written notice is required.

Anti-Retaliation (M.G.L. c. 186, § 18): Massachusetts law strongly protects tenants who exercise their legal rights. A landlord cannot raise your rent, reduce services, refuse to renew your lease, or begin eviction proceedings in retaliation for reporting a housing code violation, contacting a government agency, or organizing with other tenants. If a landlord takes an adverse action within six months of a protected act, the law presumes the action is retaliatory. You may be entitled to damages, attorney's fees, and continued occupancy.

Lockout & Utility Shutoff Prohibition (M.G.L. c. 186, § 14): It is illegal in Massachusetts for a landlord to lock you out, remove your belongings, or shut off your utilities in order to force you to leave. Such self-help eviction is a criminal offense and entitles you to actual damages or three months' rent — whichever is greater — plus attorney's fees. If this happens to you, contact local police and a legal aid organization immediately.

Consumer Protection (M.G.L. c. 93A): Serious or repeated violations of the security deposit statute or other tenant protections may also constitute unfair or deceptive business practices under the Massachusetts Consumer Protection Act, which can entitle you to double or treble damages.

4. Security Deposit Rules in Swansea

Massachusetts has some of the strictest security deposit laws in the country, and those rules apply in full to Swansea landlords.

Cap: Under M.G.L. c. 186, § 15B, a landlord may not collect a security deposit exceeding one month's rent. This cap applies regardless of what a lease says — a lease clause requiring a larger deposit is unenforceable.

Separate Account & Interest: The deposit must be deposited in a Massachusetts bank in a separate, interest-bearing account. Within 30 days of receiving the deposit, the landlord must give you a written receipt including the bank name, branch address, and account number. You are entitled to annual interest on the deposit at the rate determined by the Massachusetts Commissioner of Banks each year.

Condition Statement: At or before the start of the tenancy, the landlord must provide you with a written statement of the condition of the unit. You have 15 days to add any corrections to this statement. This document is critical because it limits what the landlord can later deduct from your deposit.

Return Deadline: Your landlord must return your security deposit — along with any accrued interest and an itemized written statement of deductions — within 30 days after you vacate the unit (M.G.L. c. 186, § 15B(6)).

Penalties for Violations: If a landlord fails to return the deposit within 30 days, fails to provide the required bank information, fails to maintain the deposit in a separate account, or wrongfully withholds any portion of the deposit, you may be entitled to treble (triple) the amount wrongfully withheld, plus reasonable attorney's fees and court costs. These penalties are intended to be a strong deterrent, and Massachusetts courts enforce them strictly.

5. Eviction Process and Your Rights in Swansea

Evictions in Swansea follow the Massachusetts summary process, the court procedure for removing a tenant. Landlords must follow every step of this process exactly — there are no shortcuts.

Step 1 — Written Notice: Before filing in court, the landlord must give you written notice. The type and length of notice depend on the reason for eviction. For nonpayment of rent, the landlord must first make a formal demand for rent (a "14-day notice to quit" is standard practice, though the law technically requires only a formal demand). For lease violations, a 30-day notice to quit is typically required. For a month-to-month tenancy with no cause alleged, a 30-day notice to quit — expiring at the end of a rental period — is required under M.G.L. c. 186, § 12.

Step 2 — Filing in Court: If you do not vacate after the notice period, the landlord must file a Summary Process (eviction) complaint in the appropriate Massachusetts District Court or Housing Court. Bristol County cases are handled in the Fall River District Court or the Southeastern Housing Court. The landlord must pay a filing fee and serve you with a court summons.

Step 3 — Court Hearing: You have the right to appear at the hearing and raise defenses — such as the landlord's failure to maintain the unit, improper notice, or retaliation. If the court rules in the landlord's favor, it will issue a judgment for possession. You then have at least 10 days to appeal before a writ of execution can be issued.

Step 4 — Writ of Execution & Removal: Only after a writ of execution is issued can a landlord ask a constable or sheriff to remove you. The landlord cannot physically remove you or your belongings without this court order.

Self-Help Eviction Is Illegal: Under M.G.L. c. 186, § 14, a landlord who locks you out, removes your doors or windows, shuts off your utilities, or removes your belongings without a court order commits an illegal self-help eviction. You are entitled to actual damages or three months' rent (whichever is greater), plus attorney's fees. Contact the police and a legal aid organization immediately if this occurs.

Just Cause Eviction: Massachusetts has no statewide just cause eviction law, and Swansea has not enacted a local ordinance. Unlike Boston (which enacted a Just Cause Eviction ordinance in 2024 requiring landlords to have a stated valid reason to end a tenancy), landlords in Swansea may decline to renew a lease or terminate a month-to-month tenancy without giving any reason, provided proper notice is given.

6. Resources for Swansea Tenants

The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and fact-specific; the information here may not apply to your particular situation. Laws and local ordinances may change after the date this page was last updated (April 2026). Renters in Swansea with specific legal questions or disputes should consult a licensed Massachusetts attorney or contact a legal aid organization serving Bristol County. RentCheckMe is not a law firm and does not provide legal representation.

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Frequently Asked Questions

Does Swansea have rent control?
No. Swansea has no rent control, and neither does any other municipality in Massachusetts. Massachusetts voters passed Question 9 in 1994, banning rent control statewide. Although the Legislature removed that prohibition in 2020 (Ch. 358), no Massachusetts city or town — including Swansea — has enacted a new rent stabilization ordinance as of April 2026.
How much can my landlord raise my rent in Swansea?
There is no limit on how much a landlord can raise your rent in Swansea. Without rent control, your landlord can raise your rent by any amount when your lease expires. For month-to-month tenants, the landlord must provide at least 30 days' written notice before implementing a rent increase under M.G.L. c. 186, § 12, and the increase cannot take effect until the end of a rental period. Mid-lease rent increases are prohibited unless your lease explicitly allows them.
How long does my landlord have to return my security deposit in Swansea?
Your landlord must return your security deposit within 30 days after you vacate the unit, along with any accrued interest and an itemized written statement of any deductions, under M.G.L. c. 186, § 15B(6). If the landlord wrongfully withholds any portion of the deposit or fails to meet this deadline, you may be entitled to treble (triple) the amount wrongfully withheld, plus attorney's fees and court costs.
What notice does my landlord need before evicting me in Swansea?
The notice required depends on the reason for eviction. For a month-to-month tenancy with no stated cause, your landlord must provide at least 30 days' written notice expiring at the end of a rental period (M.G.L. c. 186, § 12). For nonpayment of rent, a formal demand — commonly a 14-day notice to quit — is standard before filing in court. After the notice period, the landlord must file a court action and obtain a judgment before you can be removed; self-help eviction is illegal under M.G.L. c. 186, § 14.
Can my landlord lock me out or shut off utilities in Swansea?
No. Under M.G.L. c. 186, § 14, it is illegal for a landlord to lock you out, remove your belongings, shut off utilities, or otherwise interfere with your quiet enjoyment to force you to leave. These self-help eviction tactics are a criminal offense. If your landlord does this, you are entitled to actual damages or three months' rent — whichever is greater — plus reasonable attorney's fees. Call the police and contact legal aid immediately.
What can I do if my landlord refuses to make repairs in Swansea?
Massachusetts law requires landlords to maintain rental units in compliance with the state Sanitary Code (105 CMR 410). If your landlord refuses to make necessary repairs, you can file a complaint with the Swansea Board of Health, which can inspect the unit and order the landlord to correct violations. Depending on the severity of the conditions, M.G.L. c. 111, § 127L also gives you the right to withhold rent, use the repair-and-deduct remedy, or terminate your lease. Document all requests for repairs in writing before taking any of these steps.

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