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Wareham is a coastal town in Plymouth County, Massachusetts, with a mix of year-round residents and seasonal renters drawn to its waterfront neighborhoods along Buzzards Bay. The town's rental market includes both traditional apartments and cottage-style seasonal rentals, making it important for tenants to understand which state protections apply to their specific tenancy type.
Massachusetts provides some of the strongest tenant protections in the United States, covering security deposit handling, habitability standards, anti-retaliation, and eviction procedures. Wareham renters frequently search for information about security deposit returns, landlord repair obligations, and what notice a landlord must give before ending a tenancy — all of which are governed by state statute rather than any local ordinance.
This article is for informational purposes only and does not constitute legal advice. Tenant rights law can change, and individual circumstances vary. If you are facing an eviction or a dispute with your landlord, contact a qualified attorney or a legal aid organization serving Plymouth County.
Wareham has no rent control, and Massachusetts state law currently permits no city or town to enforce one. In November 1994, Massachusetts voters approved a statewide ballot initiative (Question 9) that immediately repealed rent control in every municipality — including Cambridge, Boston, and Brookline — and prohibited any future local rent control ordinances.
In 2020, the Massachusetts Legislature passed Chapter 358 of the Acts of 2020, which formally lifted the statewide ban and theoretically allows municipalities to enact new rent stabilization ordinances. However, as of April 2026, no Massachusetts city or town — including Wareham — has enacted a new rent control or rent stabilization ordinance under this authority.
In practical terms, this means Wareham landlords may raise rent by any amount at lease renewal or with proper notice on a month-to-month tenancy. There is no cap on rent increases, no requirement to justify an increase, and no registry of rents. Tenants who receive a rent increase they cannot afford should be aware that their primary protection is the right to refuse and vacate with proper notice, or to negotiate directly with their landlord.
Massachusetts state law provides robust protections for all renters in Wareham. The key statutes are summarized below.
Security Deposit (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 Massachusetts bank account, and the landlord must provide the tenant with written notice of the bank name, address, and account number within 30 days of receiving the deposit. Interest accrues at the rate set by the account and must be paid or credited annually.
Habitability and the State Sanitary Code (M.G.L. c. 111, § 127L; 105 CMR 410): Landlords must maintain rental units in compliance with the Massachusetts State Sanitary Code, which sets minimum standards for heat, hot water, plumbing, electrical systems, structural integrity, and freedom from pests. Tenants who identify violations may report them to the Wareham Board of Health. If a landlord fails to remedy a code violation after proper notice, tenants may have the right to withhold rent, repair-and-deduct up to four months' rent, or terminate the lease without penalty under M.G.L. c. 111, § 127L.
Notice Requirements (M.G.L. c. 186, § 12): To terminate a month-to-month tenancy, either party must give at least 30 days' written notice, and that notice must expire at the end of a rental period. For tenants with a fixed-term lease, the tenancy ends at lease expiration unless renewed; the landlord does not need to provide a 30-day notice in that case unless the lease requires it.
Anti-Retaliation (M.G.L. c. 186, § 18): Landlords are prohibited from retaliating against tenants for reporting housing code violations, organizing with other tenants, contacting a government agency about conditions, or exercising any other legal right. Any rent increase, service reduction, or eviction that occurs within six months of a protected activity is presumed to be retaliatory. A tenant who prevails on a retaliation claim may recover actual damages, up to three months' rent, and attorney's fees.
Lockout and Utility Shutoff Prohibition (M.G.L. c. 186, § 14): A landlord may not remove a tenant by force, shut off utilities, remove doors or windows, or otherwise attempt to evict a tenant through self-help measures. A tenant subjected to an illegal lockout or utility shutoff may sue for actual damages or up to three months' rent — whichever is greater — plus attorney's fees.
Consumer Protection (M.G.L. c. 93A): Unfair or deceptive acts by a landlord — such as misrepresenting the condition of a unit or improperly retaining a security deposit — may also give rise to a claim under the Massachusetts Consumer Protection Act, which allows for up to treble damages and attorney's fees.
Massachusetts has some of the strictest security deposit laws in the country, and they apply fully to Wareham rentals under M.G.L. c. 186, § 15B.
Maximum Amount: A landlord may collect no more than one month's rent as a security deposit. Collecting more than one month's rent is a violation of the statute.
Separate Account Requirement: The deposit must be deposited in a separate, interest-bearing account at a Massachusetts bank within 30 days of receipt. The landlord must give the tenant written notice of the bank name, address, and account number. Commingling the deposit with the landlord's personal funds is prohibited.
Annual Interest: Interest on the deposit accrues at the rate paid by the bank and must be paid to the tenant each year on the anniversary of the tenancy, or credited toward rent.
Return Deadline: The landlord must return the security deposit — along with any accrued interest — within 30 days after the tenancy ends. If the landlord intends to make deductions, they must provide an itemized written statement of damages within the same 30-day period, along with receipts or repair invoices.
Permissible Deductions: Landlords may only deduct for unpaid rent, damage beyond normal wear and tear, and unpaid taxes owed by the tenant (if the lease requires the tenant to pay taxes). Deductions for ordinary wear and tear — such as minor scuffs, carpet wear from normal use, or fading paint — are not permitted.
Penalties for Non-Compliance: If a landlord fails to return the deposit within 30 days, fails to provide a proper itemized statement, or wrongfully withholds any portion of the deposit, the tenant is entitled to treble damages (three times the amount wrongfully withheld), plus interest, court costs, and attorney's fees under M.G.L. c. 186, § 15B(7).
Evictions in Wareham are governed by Massachusetts state law, primarily M.G.L. c. 186 and M.G.L. c. 239 (the summary process statute). Landlords must follow each step of the legal process; there are no shortcuts.
Step 1 — Written Notice: Before filing in court, a landlord must give the tenant a written notice. The type 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, the landlord must file a Summary Process (eviction) action in the Southeast Housing Court, which has jurisdiction over Plymouth County including Wareham. The landlord files a Summons and Complaint and pays the required filing fee. The tenant will receive notice of the court date.
Step 3 — Court Hearing: Both parties appear before a Housing Court judge. Tenants have the right to raise defenses — including habitability issues, retaliation, improper notice, or violations of the security deposit law — which can result in dismissal or a negotiated agreement. Tenants may also request a jury trial in certain cases.
Step 4 — Judgment and Execution: If the landlord prevails, the court issues a judgment. The landlord must then obtain an "execution" — a court document authorizing a constable or sheriff to enforce the judgment. Tenants typically have a 10-day period after judgment to appeal before an execution can be issued.
Step 5 — Physical Removal: Only a licensed constable or sheriff may physically remove a tenant and their belongings. A landlord who attempts to remove a tenant without going through this process commits an illegal lockout.
Self-Help Eviction Is Illegal (M.G.L. c. 186, § 14): A landlord may never change locks, remove doors or windows, shut off heat, electricity, or water, or take any other action to force a tenant out without a court order. Violation entitles the tenant to damages of no less than three months' rent or actual damages — whichever is greater — plus attorney's fees.
Just Cause Eviction: Massachusetts state law does not require just cause for eviction in Wareham. A landlord may decline to renew a lease or terminate a month-to-month tenancy without stating a reason, provided proper notice is given and no retaliatory or discriminatory motive is present.
This article is provided for informational purposes only and does not constitute legal advice. The information presented here reflects Massachusetts law as understood in April 2026, but tenant rights laws can change through legislation, court decisions, or local ordinances. The specific facts of your situation may affect how the law applies to you. If you are facing an eviction, a security deposit dispute, or any other housing legal issue, you should consult a licensed Massachusetts attorney or contact a legal aid organization serving Plymouth County before taking action. RentCheckMe is not a law firm and does not provide legal representation.
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