Massachusetts Standard Residential Lease Agreement
A Massachusetts standard residential lease agreement is a legally binding contract between a landlord and a tenant that governs their relationship. It typically includes provisions related to rent, rental terms, security deposits, utilities, rights, obligations, liabilities, and termination options. Before signing the lease, the tenant is usually allowed to inspect the property.
- Lease Length Considerations
- Required Lease Disclosures
- Security Deposit
- Rent Payment
- Landlord Resources
- Related Documents
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Lease Length Considerations
- Payment and acceptance of rent create tenancy at will [1] . However, certain acts/conduct could negate this presumption [2] .
- The law allows for leases of any length of time as long as the specific terms of the lease length are agreed upon in writing by both the landlord and tenant [3] .
- Oral leases are typically enforceable only for terms of up to one year.
Required Lease Disclosures
- Fire insurance
- Inventory Checklist
- Identification
- Security Deposit Receipt
- Security Deposit Notice
- Disclosure of Lead-Based Hazards
Our Massachusetts lease agreement page provides further details on necessary disclosures and related laws.
Security Deposit
- Maximum Amount($): One month’s rent [4] .
- Returning to Tenant: Within 30 days [5] .
Rent Payment
- Grace Period: Tenants are given a 30-day grace period to pay their rent without incurring any additional charges [6] .
- Maximum Late Fee: None.
- NSF Fee: A landlord has the authority to impose a penalty fee of up to 1% for returned checks of $2,500 or more, and a $25 fee for checks less than $2,500. [7]
Landlord Resources
- Landlord-Tenant Laws –Ch. 186 (Estates for Years and at Will)
- Handbook –Guide to Landlord/Tenant Rights
Related Documents
Massachusetts Rental Application
View Sources
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- Staples v. Collins, 73 N.E.2d 729 (1947). https://casetext.com/case/staples-v-collins
- Corcoran Management Co., Ins. v. Withers, 513 N.E.2d 218. https://casetext.com/case/corcoran-management-co-v-withers
- Guide to Landlord/Tenant Rights. https://www.mass.gov/files/documents/2018/09/19/landlord-tenant-guide.pdf
- Ch. 186 § 15B(1)(b)(iii). https://www.mass.gov/files/documents/2018/09/19/landlord-tenant-guide.pdf
- Ch. 186 § 15B(4). https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
- Ch. 186 § 15B(1)(c). https://malegislature.gov/Laws/GeneralLaws/PartII/TitleI/Chapter186/Section15B
- Chapter 60, Section 57A. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIX/Chapter60/Section57A
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