Millbury is a small town of roughly 14,000 residents in Worcester County, situated just south of the City of Worcester. While Millbury's rental market is far smaller than neighboring Worcester, many residents rent apartments, multi-family homes, and condominiums, and they are fully covered by Massachusetts' robust statewide tenant protection laws.
Renters in Millbury most commonly seek information about security deposit rules, what steps a landlord must follow before an eviction, and what to do when a landlord refuses to make repairs. Massachusetts law — particularly M.G.L. c. 186 and the State Sanitary Code (105 CMR 410) — provides meaningful protections on all of these fronts, even in the absence of any Millbury-specific local ordinance.
This page provides a factual overview of the tenant rights laws that apply to Millbury renters. It is intended for informational purposes only and does not constitute legal advice. Laws can change, and every situation is different — if you have a specific legal problem, please consult a licensed Massachusetts attorney or a local legal aid organization.
Millbury has no rent control, and Massachusetts state law effectively prohibited it for decades. In November 1994, Massachusetts voters approved a statewide ballot initiative (Question 9) repealing all existing rent control ordinances — including those in Boston, Cambridge, and Brookline — and barring municipalities from enacting new ones. That prohibition remained in effect for 26 years.
In 2020, Governor Baker signed Chapter 358 of the Acts of 2020, which removed the statewide ban and once again allowed cities and towns to enact local rent stabilization ordinances if they choose. However, as of April 2026, no Massachusetts municipality — including Millbury — has enacted a new rent control or rent stabilization ordinance. Millbury has not taken any steps toward doing so.
In practical terms, this means that a Millbury landlord may raise your rent by any amount upon proper notice — typically 30 days for month-to-month tenants (M.G.L. c. 186, § 12) — and is not required to justify the increase. If you have a fixed-term lease, your rent cannot be raised until the lease expires unless the lease itself allows for increases.
Massachusetts provides some of the strongest statewide tenant protections in the nation. The following protections apply to all renters in Millbury.
Implied Warranty of Habitability (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, plumbing, electrical systems, structural safety, and pest control. Landlords must maintain at least 68°F between 7 a.m. and 11 p.m. and 64°F at other hours from September 16 through June 14. If your unit fails to meet these standards, you may report violations to the Millbury Board of Health, withhold rent in escrow, pursue a rent reduction in Housing Court, or — in severe cases — terminate the lease under M.G.L. c. 111, § 127L.
Security Deposit Rules (M.G.L. c. 186, § 15B): Massachusetts caps security deposits at one month's rent, requires them to be held in a separate, interest-bearing bank account, and mandates that landlords provide a receipt and the bank's name and account number within 30 days. The deposit must be returned within 30 days of the tenancy ending, along with any accrued interest and an itemized written statement of any deductions. Failure to comply can expose the landlord to treble damages plus attorney's fees.
Notice to Terminate (M.G.L. c. 186, § 12): For month-to-month tenancies, either the landlord or tenant must give at least 30 days' written notice before terminating. The notice must be timed to expire at the end of a rental period (e.g., if rent is due on the first, notice given on March 5 would expire on April 30, not April 5). Fixed-term leases end automatically on the lease expiration date unless renewed.
Anti-Retaliation Protection (M.G.L. c. 186, § 18): A landlord may not raise rent, reduce services, bring an eviction action, or otherwise retaliate against a tenant for reporting code violations, contacting a government agency, organizing with other tenants, or exercising any other legal right. Any adverse action taken within six months of a protected activity is presumed retaliatory under Massachusetts law, shifting the burden to the landlord to prove otherwise. Tenants who prevail on a retaliation claim may recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees.
Lockout and Utility Shutoff Prohibition (M.G.L. c. 186, § 14): Self-help eviction is illegal in Massachusetts. A landlord who removes a tenant's belongings, changes the locks, removes doors or windows, or shuts off utilities to force a tenant out may be liable for actual damages or three months' rent, whichever is greater, plus attorney's fees and costs.
Anti-Discrimination (M.G.L. c. 151B): Massachusetts law prohibits housing discrimination based on race, color, national origin, sex, sexual orientation, gender identity, religion, disability, familial status, age, marital status, military/veteran status, and receipt of public assistance (including Section 8 vouchers). The Massachusetts Commission Against Discrimination (MCAD) enforces these protections.
Broker fees (effective August 1, 2025): A residential rental broker's fee must be paid by the party who hired the broker — typically the landlord. A landlord or property manager may not require a tenant to pay the landlord's broker fee or disguise it as rent. A tenant improperly charged a broker fee can recover up to three times the amount plus attorney's fees (new M.G.L. c. 112, § 87DDD½, enforced through M.G.L. c. 186, § 15B and c. 93A). See the Mass.gov broker's-fee FAQ.
Massachusetts has among the strictest security deposit laws in the United States, and they apply fully to Millbury landlords under M.G.L. c. 186, § 15B.
Cap: A landlord may collect no more than the equivalent of one month's rent as a security deposit. Collecting more than one month's rent as a deposit is a violation of state law.
Holding Requirements: The deposit must be deposited in a separate, interest-bearing savings account at a Massachusetts bank within 30 days of receipt. The landlord must provide the tenant with a written receipt identifying the bank's name, branch address, and account number. The tenant earns interest on the deposit at the rate paid by the bank, with a minimum of 5% per year.
Condition Statement: Within 10 days of receiving the deposit (or before the tenancy begins, whichever is later), the landlord must provide the tenant with a written statement of the condition of the unit. Failure to do so limits the landlord's ability to make deductions for damage.
Return Deadline: The landlord must return the security deposit — along with a written, itemized statement of any deductions and any accrued interest — within 30 days after the tenancy ends and the tenant vacates. Deductions are only permitted for unpaid rent, unpaid taxes the tenant was responsible for, or damage beyond ordinary wear and tear.
Penalties for Violations: If a landlord wrongfully withholds any portion of the deposit, fails to return it within 30 days, fails to place it in a proper account, or fails to provide required documentation, the tenant is entitled to treble (triple) the amount wrongfully withheld, plus attorney's fees and court costs (M.G.L. c. 186, § 15B(7)).
Evictions in Millbury must follow the formal legal process established by Massachusetts law. A landlord cannot remove a tenant through any means other than a court-ordered execution of judgment.
Step 1 — Notice to Quit: Before filing in court, the landlord must serve the tenant with a written Notice to Quit. The required notice period depends on the reason for eviction:
Step 2 — Summons and Complaint: If the tenant does not vacate after the notice period expires, the landlord must file a Summary Process (eviction) complaint in the Eastern Worcester Division of the Housing Court (or Worcester District Court). The tenant will be served with a Summons stating the hearing date, which is typically scheduled within 10 days of filing (M.G.L. c. 239).
Step 3 — Answer and Discovery: The tenant has the right to file a written Answer raising defenses (such as retaliation, habitability issues, or improper notice) and counterclaims. The Answer is generally due on the return date. Tenants should always appear at the hearing.
Step 4 — Hearing and Judgment: A Housing Court judge will hear both sides and issue a judgment. If judgment enters for the landlord, the court will issue an Execution — a formal order authorizing the constable to remove the tenant — but not sooner than 10 days after judgment. Tenants may request a stay of execution in cases of hardship.
Self-Help Eviction is Illegal (M.G.L. c. 186, § 14): A landlord who attempts to evict a tenant by changing the locks, removing belongings, shutting off heat, gas, electricity, or water, or otherwise interfering with the tenant's quiet enjoyment — without a court order — may be liable for actual damages or three months' rent (whichever is greater), plus attorney's fees. Tenants facing a lockout should contact local police and a legal aid organization immediately.
Just Cause Eviction: Millbury has no just cause eviction ordinance. Landlords may terminate a tenancy at the end of a lease or rental period without stating a reason, provided proper notice is given. (Note: Boston enacted a Just Cause Eviction ordinance in 2024, but it does not apply to Millbury.)
Eviction record sealing (effective May 5, 2025): Under the Affordable Homes Act (Chapter 150 of the Acts of 2024, amending M.G.L. c. 239), tenants may petition the court to seal certain eviction records. Cases dismissed or decided in the tenant's favor are sealed on petition without a hearing; no-fault cases and satisfied non-payment judgments may be sealed under specified conditions; and fault cases may be sealed after seven years. Consumer reporting agencies may not report sealed eviction records. See Mass.gov eviction sealing.
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 the law depends on the specific facts of your situation. RentCheckMe is not a law firm and does not provide legal representation. If you have a specific legal problem related to your tenancy in Millbury or elsewhere in Massachusetts, you should consult a licensed Massachusetts attorney or contact a local legal aid organization such as Community Legal Aid or Greater Boston Legal Services. Do not rely solely on this page to make legal decisions.
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