Massachusetts residential lease agreements are legally binding documents 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 (rent) and tenants agree to pay that rent to occupy the leased premises.
All states are required by Federal and state law to have certain information in their Lease Agreements for residential property, including:
- The name and contact information of the landlord and tenant
- The address of the premises
- Lease term (e.g., 12 months)
- Pet prohibitions and allowances
- Health, safety, and other hazard disclosures
- Security deposit details
- When and how to pay rent and the amount of rent
- When a late fee applies
States will certainly differ on some requirements for lease agreements, therefore it is important to familiarize yourself with Massachusetts’ specific state laws and nuances when drafting a lease agreement for your rental property
Other Massachusetts Real Estate documents you might be interested in are:
- Massachusetts Sublease Agreement – Used by a tenant to rent out all or part of their leased property to a new tenant (subtenant).
- Massachusetts Eviction Notice – Used by a landlord or property manager to start the eviction process with a current tenant.
- Rental Application – Use our rental application to properly screen prospective tenants for your rental properties and mitigate risk.
Massachusetts Landlord-Tenant Rental Laws
Massachusetts law imposes specific and distinct requirements for landlords and tenants when entering a Lease/Rental Agreement. For example, Chapter 186 of the Massachusetts General Laws provides for the following:
Security Deposit
- A landlord is limited to requesting from a tenant a security deposit equal to one (1) month’s rent (MGL c.186 § 15B(1)(b)(iii)).
- A landlord must return the security deposit to the tenant within thirty (30) days of the end of the lease (MGL c.186 § 15B(4)).
- A landlord is required to pay the tenant five percent (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 (MGL c. 186 § 15B(3)(b)).
- 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 (MGL c.186 § 15B(3)(a)).
- Lastly, landlords must issue a receipt for a security deposit upon receiving of 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 (MGL c.186 § 15B(2)(b)).
- 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 (MGL c.186 § 15B(1)(a)). There is no requirement for the landlord to give the tenant prior notice, but generally, at least twenty-four (24) hours is recommended.
Other State Laws and Resources:
- Massachusetts Landlord and Tenant Law
- Massachusetts Office of Consumer Affairs and Business Regulation: Renting in Massachusetts (Rights and Responsibilities as a Tenant or Landlord)
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.
Landlord Contact Information
Lease agreements in Massachusetts must include the name, mailing address, phone number of the landlord, property owner, or property management company, the person responsible for maintenance, and the person the tenant can give notices.
Additionally, the Massachusetts Consumer Affairs & Business Regulations Handbook provides:
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 16th to June 14th, from 7 am to 11 pm, all rooms must be heated to at least sixty-eight (68) degrees Fahrenheit and at least sixty-four (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.
Other Landlord Responsibilities
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 (MGL c. 186 § 21) .
How to Write a Lease/Rental Agreement
Follow the steps below to write a lease agreement in Massachusetts.
Step 1 – Fill Out Date of the Agreement
Write the date of the Lease/Rental Agreement.
Step 2 – Enter Parties’ Information
Provide the name and address of the parties that are signing the agreement. First is the landlord or management company and their current address. Then write in all tenants and their current addresses.
Step 3 – Describe Property
Describe the type of rental property such as an apartment or house and provide the full street address of the rental property.
Step 4 – Enter Term of the Lease
Write the term (length) of the lease in months and enter the beginning and end dates of the lease. If the lease is month-to-month, provide the start date of the lease.
Step 5 – Enter Rent Details
Provide the monthly rental amount, the date the rent is due each month and the acceptable payment method(s). Any late fees or grace periods for late payment of rent can be added.
Step 6 – Enter Security Deposit Amount
Write the amount of the security deposit the landlord will collect from the tenant, typically done at the beginning of the lease.
Step 7 – Additional Provisions
Provide additional and optional provisions such as regarding use of a guarantor, payment of utilities, maintenance and repairs, alterations, or allowance or prohibition of pets, smoking, or sublease.
Step 8 – Signatures
The landlord and tenant(s) will sign and date the lease agreement.
Massachusetts Residential Lease Agreement Example
The sample lease agreement below describes a contract between “Landlord” Esmerelda Garcia and “Tenant” Henry Peterson.
The landlord agrees to rent an apartment in Boston for $800.00 per month for a fixed term, beginning on June 19, 2017, and ending on June 30, 2018.
The tenant agrees to pay for all utilities and services for the Premises in addition to the monthly payment
This is a good example of a simple lease agreement’s provisions and how one should look in its final form.
Typical Massachusetts lease agreements also contain provisions for late fees, parking options, and pets.
Massachusetts Lease Agreement Sample
Landlords and property managers can use the free form below to enter into a lease with a tenant.
This sample Massachusetts lease agreement also helps to provide a better understanding of what a typical rental agreement in Massachusetts looks like.
Instead of using this free form, landlords and property managers can create a customized and legally binding rental contract using our document builder.
Massachusetts Lease Agreement Sample
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