What Is a Massachusetts Lease Agreement?
A Massachusetts lease agreement is a legally binding document that outlines the terms agreed upon by a landlord and tenant for a defined term. Landlords agree to rent their property for a specified amount, and tenants agree to pay that rent in exchange for occupying the premises.
This document highlights key details, such as:
- Tenancy duration
- Rent amount and due date
- Rules about smoking, pets, and late fees
- The tenant’s and landlord’s addresses for notice delivery
An MA lease agreement helps both parties have a beneficial arrangement. The landlord can enforce the terms and ensure that the tenant is using their property properly. Meanwhile, the tenant has recourse if the landlord fails to follow the established terms.
Massachusetts Landlord-Tenant Laws Overview
Landlords and tenants must follow state laws when adding terms to a Massachusetts residential lease agreement. View a summary of some of the most important regulations below.
| Topic | Rule | Law |
|---|---|---|
| Security Deposit Maximum | First month's rent | MA Gen L ch 186 § 15b(1)(b) |
| Security Deposit Receipt | Must issue a receipt to tenants within 30 days of receiving it | MA Gen L ch 186 § 15b(3)(a) |
| Security Deposit Interest | 5% or the bank's rate (whichever is lower) if the deposit is held for more than one year | MA Gen L ch 186 § 15b(2)(a) |
| Security Deposit Return | Within 30 days | MA Gen L ch 186 § 15b(1)(a)(iii) |
| Grace Period | 30 days | MA Gen L ch 186 § 15b(1)(c) |
| Late Fee Maximum | No cap on late fees | n/a |
| Landlord Entry | 48 hours' notice | 105 CMR, § 410.003 |
Massachusetts Lease Agreements – By Type
Not all Massachusetts lease agreements serve the same purpose. Some outline periodic tenancies, while others focus on certain property types. Explore the different Massachusetts lease agreements from Legal Templates to find one that fits your needs.
Massachusetts Standard Lease Agreement
Establish the terms of a rental arrangement between a landlord and a tenant for a residential property.
Massachusetts Month-to-Month Rental Agreement
Offers residents the choice of flexible month-to-month living arrangements, without the requirement of a long-term commitment.
Massachusetts Commercial Lease Agreement
Establishes a tenancy for a business renting commercial property.
Massachusetts Room Rental Agreement
Use to establishe a formal living arrangement between the primary tenant and fellow occupants.
Massachusetts 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.
Massachusetts Rent-to-Own Lease Agreement
Grants a tenant the right to purchase a property after their lease finishes.
Security Deposit Regulations in Massachusetts
A security deposit protects the landlord financially in the event that the tenant fails to pay rent or causes damage to the property. Massachusetts law regulates security deposits, though, to prevent landlords from taking advantage of tenants’ payments.
For example, state law explains that the security deposit cannot be greater than the amount of the first month’s rent. Other regulations include the following:
- The deposit must be held in a separate interest-bearing account.
- The landlord must issue a receipt for the deposit, either upon receiving it or within 10 days of the start of the tenancy (whichever comes first).
- The landlord must pay interest annually (5% or the bank’s rate, whichever is lower) for deposits held for more than one year.
- The landlord must return the deposit within 30 days after the tenant vacates the premises.
- The landlord must provide an itemized list of damages within 30 days if they withhold any amount.
Massachusetts Rent Payment Rules
State law bans rent control, so no Massachusetts city or town can restrict how much a landlord can charge for rent. Rent is typically due on the day specified in the lease agreement.
A Massachusetts residential lease agreement cannot impose any late fees until 30 days after the agreed-upon due date (MA Gen L ch 186 § 15b). A tenant can withhold rent if the landlord refuses to address health or safety violations in a timely manner, but the tenant must have first provided notice (MA Gen L ch 239 § 8a).
Landlord Entry Regulations in Massachusetts
A Massachusetts landlord must provide 48 hours’ notice before entering the property (105 CMR, § 410.003). This requirement doesn’t apply to entry for emergency reasons. In these cases, no notice is acceptable.
Massachusetts Landlord and Tenant Property Repair Responsibilities
Massachusetts landlords must provide essential services and respect the tenant’s right to quiet enjoyment (MA Gen L ch 186 § 14). They must also ensure to uphold property standards to the Massachusetts Sanitary Code.
Tenants have obligations as well, including making rent payments and abiding by the lease rules. They must also treat the property with care and accept responsibility for the damage they cause.
Required Lease Disclosures in Massachusetts
A Massachusetts lease agreement must make the following disclosures to create transparency and abide by state law:
- Fire insurance. If requested by the tenant or officials, landlords must provide specific details regarding the insurance coverage against loss or damage by fire within 15 days of the request (MA Gen L ch 186 § 21).
- Inventory checklist. The landlord must provide a checklist detailing existing damage or violations of sanitary or building codes. The tenant may inspect the premises and submit their own checklist. The landlord’s 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.”
- Party identification. Lease agreements in Massachusetts must include the name, mailing address, and phone number of the owner, maintenance personnel, and the person to whom the tenant can deliver notices.
- Security deposit notice. Landlords must disclose the security deposit holding information within 30 days of collecting a deposit (MA Gen L ch 186 § 15b).
- Disclosure of lead-based hazards. This notice is required by federal law for rental properties built before 1978 (42 US Code § 4852d).
Terminating a Lease in Massachusetts
Either party must give 30 days’ notice to terminate a month-to-month tenancy (MA Gen L ch. § 186-12). Landlords must inspect the property for abandoned animals within three days of vacancy (MA Gen L ch. § 186-3).
Massachusetts Lease Agreement Sample
View an example of a Massachusetts lease agreement to learn its key elements. Then, create your own using our guided form. Download the final form in PDF or Word format so you can obtain copies for you and your tenant.
