Massachusetts Standard Residential Lease Agreement

Legal Framework

Massachusetts landlord-tenant law is primarily governed by the following statutes:

M.G.L. Chapter 186 - Estates for Years and At Will: This is the primary statute governing residential tenancies in Massachusetts. It covers security deposits, rent payments, landlord entry, retaliation protections, and lease termination.^[1]

M.G.L. Chapter 111 - Public Health: Section 127A authorizes the State Sanitary Code (105 CMR 410), which establishes minimum standards of fitness for human habitation. All rental properties must comply with these habitability requirements.^[2]

42 U.S.C. Section 4852d - Federal Lead Disclosure Law: Federal law requires disclosure of lead-based paint hazards for housing built before 1978. This applies to all residential leases in Massachusetts for pre-1978 properties.^[4]

Required Disclosures

Massachusetts law requires landlords to provide the following disclosures to tenants:

3.1 Fire Insurance Disclosure

Within 15 days of a written request by the tenant, the landlord must disclose in writing:

• The name of the insurance company insuring the property against fire
• The amount of insurance coverage
• The name of any person who would receive payment for covered losses

Penalty for violation: Fine up to $500.^[5]

3.2 Lead-Based Paint Disclosure (Pre-1978 Properties)

For properties built before 1978, federal law requires landlords to:

• Provide the EPA pamphlet "Protect Your Family From Lead in Your Home"
• Disclose any known lead-based paint or lead-based paint hazards
• Provide copies of any available lead hazard evaluation reports
• Include a Lead Warning Statement in the lease

Penalty: Up to $10,000 per violation under federal law, plus triple damages for knowing violations.[cite id="4"]^[6]

3.3 Security Deposit Receipt

At the time of receiving a security deposit, landlords must provide a signed receipt containing:

• The amount of the security deposit
• The date the deposit was received
• The name of the person receiving the deposit
• The name of the lessor (if received by an agent)
• A description of the leased premises

The receipt must be signed by the person receiving the deposit.^[3]

3.4 Security Deposit Bank Account Statement

Within 30 days of receiving a security deposit, the landlord must provide a receipt indicating:

• The name and location of the bank where the deposit is held
• The account number
• The amount deposited

The security deposit must be held in a separate, interest-bearing account in a Massachusetts bank. Failure to comply entitles the tenant to immediate return of the deposit.^[3]

3.5 Statement of Condition

If a security deposit is collected, the landlord must provide a written statement of the condition of the premises within 10 days after the tenancy begins (or upon receipt of the deposit, whichever is later). The statement must:

• List all existing damage in the premises
• Include any violations of the State Sanitary or Building Codes
• Contain specific statutory notice language (in 12-point bold-face type)
• Be signed by the landlord or agent

The tenant has 15 days to return the signed statement or attach a separate list of any damage they believe exists.^[3]

Security Deposit Laws

Massachusetts has some of the most protective security deposit laws in the nation.^[3]

4.1 Maximum Amount

The maximum security deposit is one month's rent (equal to the first month's rent).^[3]

At or before the commencement of tenancy, a landlord may collect only:

• First month's rent
• Last month's rent (calculated at the same rate as first month)
• Security deposit (equal to first month's rent)
• Cost of key and lock purchase/installation

4.2 Interest Requirements

Security deposits held for one year or more must earn interest at 5% per year (or the actual bank rate if lower). Interest must be paid to the tenant annually or credited against rent. Last month's rent also earns 5% interest from the first day of tenancy.^[3]

4.3 Return Deadline

Security deposits must be returned within 30 days after termination of occupancy.^[3]

4.4 Permissible Deductions

Landlords may deduct from the security deposit ONLY for:

• Unpaid rent (not validly withheld)
• Unpaid tax increases under a valid tax escalation clause
• Reasonable repair costs for tenant-caused damage (excluding normal wear and tear)

If deducting for damages, the landlord must provide an itemized list of damages sworn under pains and penalties of perjury, with written evidence of costs (estimates, bills, invoices, receipts).^[3]

4.5 Penalties for Violations (Triple Damages)

A landlord forfeits the right to retain any portion of the security deposit if they:

• Fail to deposit funds in a proper bank account
• Fail to provide the itemized damage list within 30 days
• Use lease provisions that conflict with Section 15B
• Fail to transfer the deposit to a successor landlord
• Fail to return the deposit within 30 days

Penalty: The tenant is awarded THREE TIMES the security deposit amount, plus 5% interest, court costs, and reasonable attorney's fees.^[3]

Rent Payment Laws

5.1 Grace Period

Massachusetts provides tenants with a 30-day grace period before any late fees or penalties can be charged. No lease may impose any interest or penalty for failure to pay rent until 30 days after the rent was due.^[3]

5.2 Late Fees

Massachusetts does not set a statutory maximum for late fees, but any late fee charged before the 30-day grace period expires is illegal and unenforceable. Courts may find excessive late fees unconscionable.^[3]

5.3 Rent Increases

Massachusetts does not have statewide rent control. Landlords may increase rent at the end of a lease term with proper notice. However, rent increases within 6 months of a tenant engaging in protected activities (reporting violations, organizing) may be presumed retaliatory.^[7]

Landlord Obligations

6.1 Warranty of Habitability

All landlords must maintain premises in compliance with the State Sanitary Code (105 CMR 410), which establishes minimum standards of fitness for human habitation. Every dwelling unit must have:^[2]

• Kitchen facilities
• Bathroom facilities
• Hot and cold running water
• Heat (minimum 68 degrees F from September 16 to June 14)
• Windows in habitable rooms
• Electrical outlets and lighting
• Proper ventilation
• Working plumbing and waste disposal

6.2 Right of Entry

A landlord may only enter the premises for the following purposes:^[3]

• To inspect the premises
• To make repairs
• To show the premises to prospective tenants, purchasers, or mortgagees
• In accordance with a court order
• If the premises appear abandoned
• To inspect for damage within the last 30 days of tenancy

Notice Requirement: 24 hours advance written notice is generally considered reasonable (except for emergencies).

Tenant Rights and Protections

7.1 Rent Withholding and Repair Rights

Tenants may withhold rent when conditions endanger or materially impair health, safety, or well-being, provided:

• The landlord knew about defective conditions before rent was withheld
• Conditions were not caused by the tenant
• Written notice was provided to the landlord
• The withheld amount reflects the property's reduced value

Tenants may also "repair and deduct" after giving notice and opportunity to fix issues, deducting reasonable repair costs from rent (up to 4 months' rent if Board of Health certifies the issue as dangerous).^[8]

7.2 Retaliation Protection

M.G.L. Chapter 186, Section 18 prohibits landlords from retaliating against tenants for:^[7]

• Reporting violations to boards of health or housing inspection
• Commencing or obtaining relief in legal or administrative actions
• Organizing or joining tenants' unions

Presumption: Any termination notice, rent increase, or substantial alteration within 6 months of protected activity creates a rebuttable presumption of retaliation.

Penalty: 1-3 months' rent (or actual damages, whichever is greater), plus attorney's fees. Any waiver of this protection in a lease is void and unenforceable.^[7]

Lease Termination and Eviction

8.1 Notice to Quit Requirements

Before filing for eviction, landlords must provide written notice to quit:^[9]

• 14-Day Notice: For nonpayment of rent
• 30-Day Notice: For lease violations or other reasons
• 30-Day Notice (or one full rental period, whichever is longer): For month-to-month tenancies

Right to Cure: Tenants who receive a 14-day notice for nonpayment have the right to "cure" by paying all rent due (with interest and costs) within 10 days of receiving the notice, provided this is their first notice in 12 months.^[9]

8.2 Eviction Process

Only a court order can force a tenant to move out. The eviction process in Massachusetts includes:

• Service of notice to quit
• Filing a summary process (eviction) case in court
• Court hearing
• Judgment and execution (if landlord prevails)
• Physical removal by constable or sheriff (if tenant does not leave)

Self-help evictions (lockouts, utility shutoffs, removing belongings) are illegal in Massachusetts.^[10]

Prohibited Lease Provisions

The following lease clauses are illegal and unenforceable in Massachusetts:[cite id="3"]^[8]

• Requiring tenant to pay for ordinary wear and tear repairs
• Requiring tenant to pay for repairs beyond their apartment
• Prohibiting tenant from suing landlord or reporting violations
• Using security deposit for unpaid utilities
• Charging tenant for landlord's utilities when not individually metered
• Charging late fees within the 30-day grace period
• Requiring professional cleaning at lease end
• Allowing entry without proper notice (except emergencies)
• Waiving retaliation protections
• Waiving any provision of Section 15B (security deposits)

How to Create a Massachusetts Residential Lease Agreement

Follow these steps to create a legally compliant lease agreement:

Step 1: Identify the Parties

• Full legal names of all landlords and tenants
• Contact information for all parties

Step 2: Describe the Property

• Complete street address
• Unit number (if applicable)
• Description of included spaces (parking, storage)

Step 3: Specify Lease Terms

• Start and end dates
• Monthly rent amount
• Due date for rent
• Accepted payment methods

Step 4: Include Required Disclosures

• Lead-based paint disclosure (if pre-1978)
• Fire insurance information process
• Security deposit receipt and bank account information
• Statement of condition

Step 5: Document Security Deposit

• Amount (maximum one month's rent)
• Bank name, location, and account number
• Interest payment terms

Step 6: Sign and Retain Copies

• All parties sign and date
• Provide copy to tenant
• Landlord retains original