Massachusetts Lease Agreement Create a Massachusetts Lease Agreement

Massachusetts Lease Agreement

Published Dec 07, 2025
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Select the type of property that this lease applies to from the options provided. This helps clarify the nature of the rental arrangement and can affect lease terms and tenant rights. If your property type is not listed, choose "Other" and specify what it is.

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MASSACHUSETTS LEASE AGREEMENT

THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") is entered into on the (the "Effective Date"), by and between:

I. THE PARTIES

LANDLORD (LESSOR):
Name:
Mailing Address:
Phone:
Email:

TENANT (LESSEE):
Name(s):

Mailing Address (if different from Premises):
Phone:
Email:

II. THE PREMISES

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential premises located at:

Address:
City:
State: Massachusetts Zip Code:
(hereinafter referred to as the "Premises").

The Premises includes the following furnishings and appliances:

III. TERM OF LEASE

The term of this Agreement shall be (check one):

IV. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

The rent is due on the day of each month.

The first month's rent is due upon the execution of this Agreement.

Rent shall be paid via the following method(s):

V. LATE FEES AND RETURNED CHECKS

Late Fees: Pursuant to Massachusetts General Laws (M.G.L.) c. 186, § 15B(1)(c), no late fee, interest, or penalty regarding the late payment of rent may be charged until the payment is thirty (30) days overdue. If rent is not received within thirty (30) days of the due date, a late fee of $ may be charged.

Returned Checks: If a check is returned for insufficient funds, the Tenant shall pay a fee of $ (not to exceed actual bank charges plus reasonable handling fees).

VI. SECURITY DEPOSIT

(Check one)

VII. LAST MONTH'S RENT

(Check one)

Statutory Compliance:
If Last Month's Rent is collected, the Landlord shall pay the Tenant interest at a rate of 5% per year or the actual bank interest rate, whichever is less. This interest must be paid or credited to the Tenant annually.

VIII. STATEMENT OF CONDITION

Pursuant to M.G.L. c. 186, § 15B(2)(c), if a Security Deposit is collected, the Landlord must provide the Tenant with a separate written Statement of Condition within ten (10) days of the commencement of the tenancy. This statement details the condition of the Premises and any existing damage. The Tenant has fifteen (15) days to review, sign, and return the statement with any objections.

IX. UTILITIES AND SERVICES

Responsibility for utilities and services shall be as follows:

Electricity:

Gas/Heating Fuel:

Water/Sewer:


(Note: Under M.G.L. c. 186, § 22, Landlords may only charge Tenants for water/sewer if the unit is separately metered, low-flow devices are installed, and a written certification is filed with the local board of health.)

Trash Removal:

Snow Removal:

Landscaping:

Internet/Cable:

X. OCCUPANTS AND GUESTS

The Premises shall be occupied strictly for residential purposes by the following named persons only:

Guests staying more than days in a six-month period require the Landlord's written consent.

XI. PETS

(Check one)

XII. LEAD-BASED PAINT DISCLOSURE

Housing Built Before 1978:
If the Premises was constructed prior to 1978, the Landlord must provide the Tenant with the "Property Transfer Notification Certification" regarding lead paint pursuant to M.G.L. c. 111, § 197A.

(Check one)

XIII. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises at reasonable times, upon reasonable notice (generally 24 hours), for the following purposes in accordance with M.G.L. c. 186, § 15B(1)(a):

  1. To inspect the Premises;
  2. To make repairs;
  3. To show the Premises to prospective tenants, purchasers, or lenders;
  4. In accordance with a court order;
  5. If the Premises appears to have been abandoned; or
  6. To inspect within the last thirty (30) days of the tenancy to determine damages.

In the event of an emergency involving potential danger to person or property, the Landlord may enter without prior notice.

XIV. MAINTENANCE AND REPAIRS

Landlord's Obligations: The Landlord agrees to maintain the Premises in a condition fit for human habitation and in compliance with the State Sanitary Code (105 CMR 410.000). This includes maintaining structural elements, heating, and hot water systems.

Tenant's Obligations: The Tenant agrees to keep the Premises clean and sanitary, to properly use all electrical, plumbing, and heating fixtures, and to not deliberately or negligently destroy, deface, damage, or remove any part of the Premises.

XV. NOTICES

Any notice required by this Agreement or by law shall be in writing.

Notices to the Landlord shall be sent to:

Notices to the Tenant shall be sent to the Premises address.

XVI. MANAGER INFORMATION (M.G.L. c. 186, § 21)

The following person is authorized to manage the Premises and accept service of process and notices:

Name:
Address:
Phone:

XVII. DEFAULT AND TERMINATION

If the Tenant fails to pay rent, the Landlord may terminate this Agreement by giving a fourteen (14) day written Notice to Quit, pursuant to M.G.L. c. 186, § 11.

If the Tenant breaches any other provision of this Agreement, the Landlord may terminate this Agreement by giving seven (7) days' written notice (or such other notice period as required by law) to vacate.

XVIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

XIX. ADDITIONAL TERMS AND CONDITIONS

The following additional terms apply to this Agreement:

XX. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, whether written or oral. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

XXI. SIGNATURES

LANDLORD:
Signature: _________________________
Date:
Print Name: _______________

TENANT:
Signature: _________________________
Date:
Print Name: _______________

What is a Massachusetts Lease Agreement?

A Massachusetts Lease Agreement is a legally binding contract executed between a landlord (lessor) and a tenant (lessee) regarding the rental of property within the Commonwealth of Massachusetts. This document formalizes the terms of the tenancy, outlining the rights and obligations of both parties, including the payment of rent, the duration of the occupancy, and the rules governing the use of the premises. It serves as the primary legal instrument for resolving disputes and ensures that the rental arrangement complies with state statutes, specifically those found in the Massachusetts General Laws. While oral agreements can create a tenancy-at-will, a written contract provides greater security and clarity for fixed-term tenancies.

Legal Framework and Statutory Requirements

The landlord-tenant relationship in Massachusetts is governed by a complex framework of state statutes, primarily Massachusetts General Laws (M.G.L.) Chapter 186. Unlike some jurisdictions that favor freedom of contract in residential leases, Massachusetts imposes strict statutory requirements that cannot be waived by the tenant. Any clause in a lease that attempts to waive a tenant's statutory rights, such as the warranty of habitability or the right to due process in eviction, is considered void and unenforceable. The state enforces a strict Warranty of Habitability under the State Sanitary Code (105 CMR 410.000), which mandates that all rental units must meet minimum standards of health and safety regardless of what the lease document states.

Required Disclosures and Addenda

For a Massachusetts Lease Agreement to be fully compliant, specific disclosures must be provided to the tenant at the time of signing. Failure to provide these documents can expose the landlord to significant liability and potential fines.

  • Lead-Based Paint Disclosure: For any property constructed before 1978, the landlord must provide a Tenant Lead Law Notification and Certification Form. This is a requirement under both the Massachusetts Lead Law and federal regulations.
  • Statement of Condition: If a security deposit is collected, the landlord must provide a written statement describing the condition of the unit within 10 days of the tenancy beginning. This document protects both parties by documenting pre-existing damage.
  • Security Deposit Receipt: Landlords must provide a receipt indicating the amount of the deposit, the name of the bank where it is held, and the account number. This must be done within 30 days of receiving the funds.

Security Deposits and Financial Regulations

Massachusetts maintains some of the strictest security deposit laws in the United States under M.G.L. c. 186, § 15B. A landlord may not demand an amount exceeding one month's rent for a security deposit, and an additional amount equal to one month's rent may be requested for the last month's rent. Crucially, security deposits must be held in a separate, interest-bearing account in a bank located within the Commonwealth, protected from the landlord's creditors. The landlord is required to pay the tenant interest on the security deposit and last month's rent annually. Violations of these financial statutes, such as commingling funds or failing to provide interest, can result in the landlord being liable for three times the amount of the deposit plus attorney's fees.

Required Elements of a Valid Massachusetts Lease Agreement

To ensure the document is enforceable in a court of law, specific components must be present within the written agreement. Omission of these details can lead to ambiguity and legal challenges.

  • Identification of Parties: The full legal names of all adult tenants and the landlord or property manager.
  • Property Description: The complete physical address of the rental unit, including apartment number.
  • Term of Tenancy: Clear start and end dates for the lease, distinguishing it from a tenancy-at-will.
  • Rent Specifics: The total amount due, the due date, acceptable payment methods, and details regarding any grace periods.
  • Security Deposit Terms: Disclosure of the bank name and location where funds are held, as required by law.
  • Utility Responsibility: A clear designation of which party is responsible for water, electricity, gas, and heat. Note that landlords can only charge for water if the unit is separately metered and water conservation devices are installed.
  • Signatures: Dated signatures of all legal adults occupying the premises and the landlord.

Landlord Access and Tenant Privacy

While Massachusetts law does not specify an exact notification period for landlord entry in non-emergency situations, the standard practice established by case law and common usage is reasonable notice, typically interpreted as 24 hours. A Massachusetts Lease Agreement usually includes a clause specifying the notice period required before a landlord may enter the premises for repairs, inspections, or showings. However, landlords are permitted immediate access without notice in the event of an emergency, such as a burst pipe or fire. Tenants have a right to quiet enjoyment, and landlords are prohibited from abusing their right of access to harass the tenant.

Late Fees and Eviction Protocols

State law regulates how and when landlords can penalize tenants for late rent. A landlord cannot charge a late fee until the rent is at least 30 days overdue. Any clause in a lease imposing a penalty before this 30-day period is illegal and unenforceable. Regarding eviction, the lease outlines the grounds for termination, but the process must follow strict legal procedures. Landlords cannot perform "self-help" evictions, such as changing locks or shutting off utilities. They must obtain a court order through the summary process eviction generally initiated by a Notice to Quit.

Frequently Asked Questions

Yes, verbal agreements generally create a tenancy-at-will. However, they are difficult to enforce in court regarding specific terms other than the basic rental obligation, making a written Massachusetts Lease Agreement highly recommended for both parties.
A landlord cannot charge more than the equivalent of one month's rent for a security deposit. They may also collect the first month's rent, the last month's rent, and the cost of a new lock and key.
No. Under Massachusetts law, a landlord cannot impose a late fee or penalty until the rent is 30 days past due. However, the eviction process for non-payment can begin immediately after a missed payment.
This depends on the specific terms written in the document. Some leases contain an automatic renewal clause that converts the lease to a month-to-month tenancy or renews for another year, while others simply expire on the end date.
Generally, no, unless it is an emergency. For routine maintenance or inspections, the landlord must provide reasonable notice, which is typically defined as 24 hours, though the law requires that the entry be at a reasonable time.
No, landlords cannot charge a separate pet deposit. Since the total security deposit cannot exceed one month's rent, any additional fee for a pet would likely violate the security deposit statute.

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