Massachusetts Residential Lease Agreement

Introduction

A Massachusetts lease agreement is a legally binding contract between a landlord and tenant that establishes the terms and conditions for renting residential property. The agreement specifies the rental amount, lease duration, and the rights and responsibilities of both parties. Both landlords and tenants must comply with the lease terms as well as all applicable state and federal landlord-tenant laws.

Massachusetts law provides strong tenant protections, including strict requirements for security deposit handling, mandatory disclosures, and specific procedures for rent collection and eviction. This guide covers all essential aspects of Massachusetts residential leasing.

Required Disclosures

Massachusetts law requires landlords to provide several mandatory disclosures to tenants. Failure to provide these disclosures can result in legal penalties and may affect the landlord's ability to collect certain fees or enforce lease terms.

Fire Insurance Disclosure

The landlord must disclose the terms and conditions of the fire insurance policy on the property within 15 days of the lease start date. At the tenant's request, the landlord must provide the name of the insurance company, the amount of coverage, and the name of the person who would receive the insurance payment. ^[1]

Inventory Checklist (statement of Condition)

If a landlord demands a security deposit from the tenant, they must provide a statement that lists the condition of the apartment prior to the move-in date. This inventory checklist must be issued within 10 days of either receiving the security deposit or the commencement date, whichever is later. The tenant has 15 days to return the completed checklist to the landlord. ^[2]

The following statement must appear at the top of the inventory checklist:

"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."

Lead-Based Paint Disclosure

Federal law requires any landlord of a residence built before 1978 to disclose to their tenants that lead paint may be present on the property. The landlord must provide both a disclosure form and an EPA informational pamphlet about lead-based paint hazards. ^[3]

Security Deposit Receipt

After receiving a security deposit, the landlord must provide a signed receipt to the tenant. This receipt must show the amount deposited, the payment date, the landlord's name, and a description of the property. The receipt must be issued upon receiving the security deposit or within 10 days of the tenancy commencement, whichever is later. ^[4]

Follow-Up Deposit Statement

Within 30 days of receiving the security deposit, the landlord must issue a separate statement to the tenant. This statement must indicate the amount of the deposit, the name and location of the bank where it is held, the account number, and confirmation that the deposit is held in an interest-bearing account. ^[5]

Security Deposits

Massachusetts has comprehensive security deposit laws that provide strong protections for tenants. The law regulates the maximum amount, storage requirements, interest payments, and return procedures.

Maximum Amount

The security deposit may not exceed one month's rent. This is a strict limit that landlords cannot exceed. ^[6]

Storage Requirements

The security deposit must be held in a separate, interest-bearing account in a bank located in Massachusetts. The landlord cannot commingle security deposits with their personal funds or other business accounts. ^[7]

Collecting Interest

When holding a security deposit for at least one year, the landlord must make annual interest payments to the tenant. The interest rate is either 5% per year or the actual rate paid by the bank where the deposit is held, whichever is lower. ^[8]

Returning the Security Deposit

The landlord must return the security deposit to the tenant within 30 days after the tenant has vacated the property and the lease has terminated. ^[9]

Itemized List of Deductions

If the landlord retains any portion of the security deposit to cover the costs of damages, they must provide an itemized list of damages and necessary repairs to the tenant. This itemized list must be provided within 30 days of the end of the tenancy. ^[10]

Rent Payment Terms

Grace Period for Late Rent

Massachusetts law provides a 30-day grace period for rent payment. Landlords cannot charge a late fee until 30 days have passed since the rent due date. However, landlords may begin eviction proceedings the day after rent becomes due by issuing a 14-day notice to quit. ^{[11] [12]}

Maximum Late Fee

There is no statutory limit on late fees in Massachusetts. The landlord can charge any amount for late fees as specified in the lease agreement, provided the 30-day grace period has passed.

NSF (non-Sufficient Funds) Fee

For rent checks that are dishonored due to insufficient funds, the landlord may charge a fee. The maximum allowable NSF fee is $25 for checks under $2,500, or 1% of the check amount for checks of $2,500 or more. ^[13]

Tenant's Right to Withhold Rent

A tenant may have the right to withhold rent if the landlord has failed to make necessary repairs that affect the health or safety of the occupant. If the landlord or property owner has been given notice of defects in the rental unit that impair the health or safety of the occupant, the tenant may, after five days, repair the defects themselves and deduct the costs of repairs from their rent. ^{[14] [15]}

Landlord's Right to Enter

Standard Access

The landlord may enter a rental unit in accordance with a court order, to conduct an inspection during the last month of the tenancy, or if the unit appears to be abandoned. Before entering the property to make any necessary repairs, the landlord must give reasonable notice to the tenant. A lease can contain a clause allowing the landlord to enter for inspections, repairs, and showing to prospective tenants. ^{[16] [17]}

While state statutes do not specify an exact timeframe for "reasonable notice," the Massachusetts Sanitary Code requires that landlords provide reasonable notice before entry for repairs or inspections.

Immediate Access

Landlords do not need to provide advance notice to enter the property in emergency situations where immediate entry is necessary to prevent damage to the property or to address an urgent safety concern.

Breaking a Lease

Non-Payment of Rent

If rent is not paid by the end of the 30-day grace period, the landlord can send the tenant a 14-day notice to quit (for fixed-term leases) to force them to pay within the notice period or face eviction. ^[12]

**Exception for At-Will Tenants: **For at-will tenancies (month-to-month), non-payment of rent means the landlord must provide a notice to quit that gives the tenant 10 days to make the rent payment or vacate the premises within 14 days. ^[18]

Non-Compliance With Lease Terms

There is no statutory notice period that landlords must provide to tenants to cure a non-compliance with lease terms for fixed-term leases.

**Exception for At-Will Tenants: **For tenancies-at-will, the notice period for non-compliance is 30 days or one rental period, whichever is longer.

Unlawful Lockouts

Landlords who unlawfully force a tenant out of their rental property through lockouts or other illegal means may face criminal charges, fines, imprisonment, or civil liability for damages. Massachusetts law prohibits self-help evictions. ^[19]

Early Termination for Protected Reasons

A tenant may terminate the lease agreement early if a member of the household is a victim of domestic violence, rape, sexual assault, or stalking. The tenant must provide appropriate documentation to qualify for this protection. ^[20]

Tenant's Utility Shutoff

The landlord may give a seven-day notice to quit to an at-will tenant if that tenant's failure to keep essential utilities on the property causes substantial damage to the unit or impacts the comfort or safety of the landlord or other tenants. ^[21]

Lease Termination

Terminating Month-To-Month Leases

Either party may terminate an at-will monthly lease (month-to-month tenancy) by providing the other with written notice. The notice period is 30 days or one rent period, whichever is longer. ^[22]

Unclaimed Property After Eviction

Within three days of the day that the rental unit was vacated, the landlord or designated agent must inspect the property for the presence of abandoned animals. ^[23]

Any personal property of the tenant left on the rental property once the landlord regains possession after an eviction should be stored at the cost of the tenant and can be sold if not claimed after six months. ^[24]

Abandonment

Massachusetts state law does not specify a length of time that a tenant must be absent for a rental unit to be considered abandoned. Landlords should exercise caution and follow proper legal procedures before treating a unit as abandoned.