A Massachusetts lease agreement is a legally binding document outlining terms and conditions a landlord (or property manager) and tenant agree to for a specific lease term. Landlords agree to rent their real property for a set amount, and tenants agree to pay that rent to occupy the leased premises.
States will certainly differ on some requirements; therefore, it is important to familiarize yourself with Massachusetts’ specific laws and nuances when drafting a lease agreement for your rental property.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: Yes.
- License Required for Landlord: No.
By Type (6)
Standard Lease Agreement
Establish the terms of a rental arrangement between a landlord and a tenant for a residential property.
Month-to-Month Rental Agreement
Offers residents the choice of flexible month-to-month living arrangements, without the requirement of a long-term commitment.
Commercial Lease Agreement
Establishes a tenancy for a business renting commercial property.
Room Rental Agreement
Use to establishe a formal living arrangement between the primary tenant and fellow occupants.
Sublease Agreement
Formalizes the arrangement between the original tenant (sublessor) and the sublessee, allowing the latter to temporarily occupy the rental property with the landlord's approval.
Rent-to-Own Lease Agreement
Grants a tenant the right to purchase a property after their lease finishes.
Required Lease Disclosures
Massachusetts law has specific requirements for landlords and tenants when entering a lease agreement [1] :
- Fire insurance. If requested by the tenant or officials, landlords must deliver specifics regarding the insurance coverage against loss or damage by fire within 15 days of such request [2] ,
- An Inventory Checklist describing the currently existing damage to the rental unit or violations of state sanitary or building codes is required. The tenant may inspect the premises and submit their own rental inspection checklist [3] . The checklist must include the following statement in twelve-point bold-face font:
“This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.”
- Identification. Lease agreements in Massachusetts must include the name, mailing address, and phone number of the landlord, property owner, or property management company, the person responsible for maintenance, and the person the tenant can give notices.
- Security Deposit Receipt. Landlords must issue a receipt for a security deposit upon receiving the deposit from the tenant or within ten days of the commencement of tenancy (whichever is later). This receipt must contain the amount of the security deposit, the name of the person receiving the deposit, the date the deposit is received, a description of the leased premises, and the signature of the person accepting the deposit [3] .
- Security Deposit Notice. Landlords must place any security deposit received in a separate, interest-bearing account in a bank located in Massachusetts and disclose the security deposit holding information (name and location of bank, bank account number, and amount being held) within 30 days of collecting a deposit.
- Disclosure of Lead-Based Hazards is required by federal law for rental properties built before 1978.
Security Deposit
- Maximum Amount: The security deposit may not be greater than the amount of the first month’s rent [3] .
- Receipts: The landlord must provide a receipt for the security deposit [3] .
- Interest Payments: The deposit must be held in an interest-bearing account, with up to 5% interest paid annually [3] .
- Bank Account: The security deposit must be held in a separate, interest-bearing account [3] .
- Returning Requirements: The landlord must return the deposit within 30 days after the tenant vacates [3] .
- Withholding Rules: An itemized list of damages must be provided within 30 days if any amount is withheld [3] .
Rent Payments
- Laws: Rent is due on the date specified in the lease agreement.
- Rent Control: Massachusetts does not have state-wide rent control laws.
- Late Fees and Grace Period: Late fees cannot be charged until 30 days after the rent due date [3] .
- Withholding Rent: Tenants may withhold rent for health or safety violations after providing notice [4] .
Landlord Right of Entry
- Notice Requirements: Landlords must give reasonable notice before entry for repairs or inspections.
- Keys, Locks, and Security: Changing locks without a court order is illegal.
Property Repairs
- Landlord Responsibilities: Landlords must maintain rental properties in habitable condition [5] .
- Tenant Repairs: Tenants can repair and deduct costs from rent if the landlord fails to make necessary repairs [5] .
- Abandonment: No specific state law defines the time period for property abandonment.
Terminating a Lease
- Month-to-Month Tenancy: Either party must give 30 days’ notice to terminate a month-to-month tenancy [6] .
- Unclaimed Property: Landlords must inspect the property for abandoned animals within three days of vacancy [7] .
Sample
Landlords and property managers can use the free Massachusetts lease agreement template below to enter into a lease with a tenant.
