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.
Laws
Required Lease Disclosures
Massachusetts law has specific requirements for landlords and tenants when entering a lease agreement (Chapter 186 of the Massachusetts General Laws):
- 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 (Chapter 186, Section 21)).
- A rental inspection 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.
- 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.
- 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.
- 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.
- Lead-based paint disclosure is required by federal law for rental properties built before 1978.
Security Deposit
A landlord is limited to requesting a security deposit equal to one month’s rent from a tenant. The deposit must be returned to the tenant within 30 days of the end of the lease.
A landlord is required to pay the tenant 5% interest per year on a security deposit held for one year or longer. If the security deposit is held in an interest-bearing bank account, then a lesser amount may be paid according to the interest accrued by that bank (Chapter 186, Section 15B).
Keep in mind that security deposits are separate from any application and credit check fees a landlord might charge as part of the rental application process. Also, security deposits are not to be used specifically to cover the last month’s rent for a residential rental property.
Landlord Right of Entry
A landlord can enter the premises to inspect, make repairs, or show the property to prospective tenants or buyers. There is no requirement for the landlord to give the tenant prior notice, but generally, at least 24 hours is recommended.
Eviction and Personal Property
Massachusetts lease agreements should contain verbiage on the eviction process, should a tenant not pay rent and need to be evicted from the rental property. The law in Massachusetts states that, generally, landlords can not physically take possession of (remove the tenant or personal property from) a rental unit without going to court.
Utilities
A landlord must provide adequate water utilities to meet ordinary needs and must provide the means to heat the water to 110-130 degrees Fahrenheit. From September 16 to June 14, from 7 am to 11 pm, all rooms must be heated to at least 68 degrees Fahrenheit and at least 64 degrees at all other hours.
Pests
A landlord must keep the property free of cockroaches, insect infestations, and rodents when two or more apartments are in a building.
Kitchen
A landlord must provide the tenant with a kitchen, including; a sink large enough to wash dishes, a working oven and stove, and sufficient space to install a refrigerator.
Keep in mind that a landlord is not required to provide a refrigerator. However, they must keep it in working order if they provide one.
Sample
Landlords and property managers in Massachusetts can use the free Massachusetts residential lease agreement template below to enter into a lease with a tenant.
