A Massachusetts standard lease agreement is a legally binding contract between a landlord and a tenant that governs their relationship. It typically includes provisions related to rent, rental terms, security deposits, utilities, rights, obligations, liabilities, and termination options. Before signing the lease, the tenant is usually allowed to inspect the property.
Considerations on Lease Length
- Payment and acceptance of rent create tenancy at will (Staples v. Collins, 73 N.E.2d 729 (1947)). However, certain acts/conduct could negate this presumption (Corcoran Management Co., Ins. v. Withers, 513 N.E.2d 218).
- The law allows for leases of any length of time as long as the specific terms of the lease length are agreed upon in writing by both the landlord and tenant. (Guide to Landlord/Tenant Rights)
- Oral leases are typically enforceable only for terms of up to one year.
Security Deposit
- Maximum Amount ($): One month’s rent (Ch. 186 § 15B(1)(b)(iii))
- Returning to Tenant: Within 30 days (Ch. 186 § 15B(4))
Rent Grace Period
Tenants are given a 30-day grace period to pay their rent without incurring any additional charges. (Ch. 186 § 15B(1)(c))
Landlord Resources
- Landlord-Tenant Laws – Ch. 186 (Estates for Years and at Will)
- Handbook – Guide to Landlord/Tenant Rights
