Key Takeaways
- Part II, Chapters 186 & 186A under the Massachusetts General Law governs lease agreements.
- Security deposits can be equal to a maximum of one (1) month’s rent. Lessors must also return it within 30 days of the lease termination.
- Lessees generally receive a 30-day notice to cure a violation before eviction. However, it can also be a 14-day notice if it’s the second instance of that violation.
- Lessors can only enter the property for specific reasons, but they don’t need to provide notice.
- There are four (4) mandatory disclosures in these leases.
Massachusetts Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use Residential Rental AgreementThis agreement template outlines the terms and conditions for renting a residential property in Massachusetts, ensuring that both landlords and tenants understand their rights and obligations professionally and comprehensively.
Massachusetts Apartment Lease
Specifically crafted for apartment rentals in Massachusetts, this lease agreement covers essential details such as rent, security deposits, and maintenance responsibilities, providing a professional and transparent framework for both parties involved.
Massachusetts Room Rental
Tailored for renting out individual rooms within a property, this template helps landlords and tenants establish clear guidelines for shared living spaces.
Massachusetts Month-to-Month Lease
Offering flexibility without the long-term commitment, this lease agreement template allows for short-term rental arrangements in Massachusetts while maintaining a professional and legally binding contract.
Commercial Lease Agreement
Designed for leasing commercial properties in Massachusetts, this template addresses key aspects such as lease terms, rent adjustments, and property use restrictions.
Lease to Purchase Agreement
This agreement template offers a professional option for tenants in Massachusetts to potentially purchase the property in the future.
Sublease Agreement
Facilitating subleasing arrangements, this agreement ensures clarity and professionalism between the original tenant and the subtenant, protecting the interests of all parties involved and complying with Massachusetts state laws.
Understanding Massachusetts Rental Laws
Massachusetts’ General Law, Part II: Real and Personal Property, and Domestic Relations, Chapters 186 & 186A, defines laws regarding leases. We take a look at the laws to see what terms these templates must contain.
| Laws | Name | Description |
| Chapter 186, Sections 1 to 31 | General Provisions | All of the general rules regarding leases and landlord-tenant interactions. |
| Section 3;Section 4 | Tenancy at Sufferance; liability for rent;Liability of tenant for rent for proportion of land in possession | Explains when a tenant gains possession of the property and other terms. |
| Part I, Title XVI, Chapter 111, Section 127A | State sanitary code; adoption; enforcement; jurisdiction; speedy trial | Tenants have the right to a habitable and safe unit. It describes the duty of the landlord to upkeep the unit. |
| Section 15B | Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits | Section describing the laws surrounding the landlord’s right of access and security deposits. |
| Section 13;Section 17 | Recovery of possession after termination of tenancy at will;Occupancy constituting tenancy at will; termination | Explanation of the terms surrounding the termination of the lease and notice periods. |
| Section 17A | Residential care and services; housing facility providers; eviction; hearing; jurisdiction | Describes the eviction process and the reasons tenants can be evicted. |
Security Deposit Limits
- Security deposits have a maximum limit equal to one (1) month’s rent.
- Lessors must provide a receipt to the lessee when receiving the security deposit.
- A lessor must bear annual interest on the security deposit if the tenancy lasts for a year or more. They must pay this interest to the lessee at the end of each year.
- Lessors can’t co-mingle the security deposit with their assets. As such, they must keep it in a separate, interest-bearing account.
- The lessor has 30 days from when the lease terminates to return the security deposit to the lessee. The lessor must also return any outstanding interest and provide a list of itemized deductions.
Eviction Procedures
- The eviction notice periods change depending on the cause of the eviction.
- However, generally, the lessor must give a 30-day notice to cure a violation, or they’ll start the eviction process.
- If it’s the second time they give notice of the same violation within 12 months, then lessors can present lessees with an unconditional quit notice. Lessees have 14 days to leave the premises before the lessor will complain to the court to start evicting the lessee.
Right to Enter (Landlord)
- Lessors can only enter the dwelling to:
- Make repairs or complete maintenance,
- Inspect the premises,
- After receiving a court order,
- Show it to prospective lessees, buyers, or mortgagees,
- If they have reasonable cause to believe the property is abandoned.
- There’s no statutory law on whether lessors in Massachusetts need to provide notice of entry. However, it fosters a good relationship if lessors provide at least 24 hours’ notice before entering.
Disclosures
All lessors must add the below mandatory disclosures. Without these disclosures, a Massachusetts court of law can deem the lease invalid.
- Insurance Provider’s Name and Contact Details
- Name and Address of Authorized Parties
- Lead-Based Paint Disclosure
- Security Deposit Receipt with the Account’s Location
