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Massachusetts

A Massachusetts residential lease agreement is a legally binding document that outlines the terms and conditions between a landlord and a tenant for renting a property. Typically, these agreements are established for a fixed term, often one year.

Required Disclosures

Massachusetts law mandates several disclosures that landlords must provide to tenants:

  1. Fire Insurance: Landlords must inform tenants about their fire insurance coverage upon request, including the name of the insurance company, the amount of coverage, and the name of the individual who would receive payment in the event of a loss (MGL, Chapter 175, § 99).

  2. Inventory Checklist: Landlords must provide a checklist detailing the condition of the rental unit, which the tenant must review and sign. This checklist must include a specific statement regarding the accuracy of the list and the tenant’s obligation to return it within fifteen days (MGL, Chapter 190B, § 3-706).

  3. Lead-Based Paint Disclosure: For properties built before 1978, landlords must disclose the potential presence of lead-based paint and provide tenants with an EPA-approved pamphlet about lead hazards (federal law).

  4. Security Deposit Receipt: Upon collecting a security deposit, landlords must provide a receipt that includes the amount, date received, and a description of the rental unit (MGL, Chapter 186, § 15B).

  5. Security Deposit Holdings Disclosure: Landlords must disclose the location of the security deposit within 30 days of collection, including the bank name, account number, and amount held (MGL, Chapter 186, § 15B).

  6. Notice of Occupants’ Legal Rights and Responsibilities: Landlords must provide tenants with access to this notice, which outlines tenant rights and responsibilities regarding rental properties.

Security Deposit Laws

  • Maximum Amount: The maximum security deposit a landlord can charge is equivalent to one month’s rent (MGL, Chapter 186, § 15B).
  • Returning: Security deposits must be returned within 30 days after the tenant vacates the property (MGL, Chapter 186, § 15B).
  • Interest Payments: Landlords must pay annual interest on security deposits held for at least one year, at a rate of 5% or the lower amount paid by the bank (MGL, Chapter 186, § 15B).
  • Itemized List: If any portion of the security deposit is withheld for damages, landlords must provide an itemized list of damages within 30 days of lease termination (MGL, Chapter 186, § 15B).

Rent Payment Laws

  • Grace Period: Landlords cannot charge a late fee until 30 days after the rent due date (MGL, Chapter 186, § 15).
  • Maximum Late Fee: There is no statutory limit on late fees; they must be specified in the lease agreement.
  • NSF Fee: Landlords may charge a penalty for bounced checks, capped at 1% for checks of $2,500 or more and $25 for checks under that amount.

Landlord’s Right of Entry

Landlords may enter the rental property for inspections, repairs, and showing to prospective tenants, but they are not legally required to provide advance notice unless specified in the lease agreement. Immediate access is permitted in emergencies.

Termination of Lease

  • Month-to-Month Tenancy: Either party may terminate a month-to-month lease by providing 30 days’ notice or one rental period, whichever is longer (MGL, Chapter 186, § 12).
  • Unclaimed Property: Any personal property left behind by the tenant after eviction must be stored at the tenant’s expense and can be sold if not claimed within six months (MGL, Chapter 248, § 6).

FAQs

In Massachusetts, landlords must provide several required disclosures in a residential lease agreement, including fire insurance information, an inventory checklist of the property’s condition, a lead-based paint disclosure for properties built before 1978, a security deposit receipt, and a follow-up deposit statement detailing where the security deposit is held. These disclosures ensure tenants are informed about their rights and the condition of the property.

In Massachusetts, the maximum amount a landlord can charge for a security deposit is equivalent to one month’s rent. Additionally, the landlord must return the security deposit within 30 days after the tenant vacates the property, along with an itemized list of any deductions for damages, if applicable.

A landlord in Massachusetts must return a tenant’s security deposit within 30 days after the tenant moves out. If any deductions are made for damages, the landlord must provide an itemized list of those damages within the same 30-day period.

Yes, a lease agreement can automatically renew in Massachusetts. Typically, if neither party takes action to terminate the lease at the end of the initial term, it will convert to a month-to-month rental agreement with the same basic terms and conditions as the original lease.

If a tenant does not pay rent on time in Massachusetts, the landlord cannot charge a late fee until 30 days after the rent due date. After this grace period, the landlord may send a 14-day notice to quit, requiring the tenant to pay the overdue rent or face eviction.

A Massachusetts residential lease agreement should include the duration of the lease, the amount of rent, details about security deposits, payment due dates, any additional costs, rules regarding property use, and procedures for lease violations. This ensures clarity and legal compliance for both parties.

Tenants in Massachusetts have the right to live in a habitable property, meaning landlords must maintain the rental unit in good repair. If a landlord fails to make necessary repairs, tenants may have the right to withhold rent after providing notice to the landlord.

No, a notary is not required for a lease agreement in Massachusetts. A lease can be legally binding as long as it is written and signed by both parties, regardless of notarization.