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.
By Type (6)
Standard Lease Agreement
Establish the terms of a rental arrangement between a landlord and a tenant for a residential property.
Commercial Lease Agreement
Establishes a tenancy for a business renting commercial property.
Rent-to-Own Lease Agreement
Grants a tenant the right to purchase a property after their lease finishes.
Month-to-Month Rental Agreement
Offers residents the choice of flexible month-to-month living arrangements, without the requirement of a long-term commitment.
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.
Room Rental Agreement
Use to establishe a formal living arrangement between the primary tenant and fellow occupants.
Laws
Overview
Rent Control: No.
Limit on Late Fees: No.
Late Fees in Rental Agreement: Yes.
Grace Period: Yes.
License Required for Landlord: No.
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)).
- 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. (Chapter 186, Section 15B(2)(b)) 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. (Chapter 186, Section 15B(2)(c))
- 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
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. The landlord is not required 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 a.m. to 11 p.m., 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 can use the free Massachusetts lease agreement template below to enter into a lease with a tenant.