The Massachusetts residential lease agreement (“rental agreement”) is a binding document used to formalize an agreement between a landlord and tenant to rent real property in exchange for a fee. This contract is governed by the Massachusetts landlord-tenant law and includes terms and conditions outlining the responsibilities of each party.
Massachusetts Lease Agreement Disclosures
The below disclosures are required for some or all residential lease agreements in Massachusetts.
Disclosure | Applicable to |
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Landlord Name/Address | All Units |
Security Deposit Holdings | All Units Charging a Security Deposit |
Security Deposit Receipt | All Units Charging a Security Deposit |
Move-In Checklist | All Rental Units Charging a Security Deposit |
Fire Insurance Information | Upon the Written Request of a Tenant |
Lead Paint | All Units Built Prior to 1978 |
Landlord’s Name & Address
Applicable to all rental units in Massachusetts.
Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease.
Security Deposit Holdings Disclosure
Applicable to all rental units holding a security deposit in Massachusetts.
If a Massachusetts landlord charges and holds a security deposit, they must disclose the holding information within 30 days. The disclosure should state the amount of the deposit, the location of the funds and the account number.
SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:
BANK:_____
ACCOUNT #:_____
Download: Massachusetts Security Deposit Holdings Disclosure Form (PDF)
Security Deposit Receipt
Applicable to all rental units that charge a security deposit in Massachusetts.
If a security deposit is collected, the landlord must provide a receipt of the security deposit to the tenant or prospective tenant. A receipt must be given after receiving the deposit or within 10 days after the beginning of the tenancy, whichever is later. (186 MGL Sec. 15B(2)) The receipt should include:
- The amount of the security deposit.
- The name of the person who has received the deposit.
- A description of the dwelling unit that is being rented.
- The date that the security deposit was received.
- The signatures of the person who received the deposit.
Download: Massachusetts Security Deposit Receipt (PDF)
Move-In Checklist
Applicable to all rental units that charge a security deposit in Massachusetts.
Massachusetts landlords that intend to charge a security deposit are required to provide an inventory of the rental unit’s condition. This checklist must be provided to the tenant within 10 days of the move-in date and should include any pre-existing damage or specific furnishings.
The checklist is required to have the below notice in legible writing at the top of the document in 12-point, bold-faced text:
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.
Download: Massachusetts Move-In Checklist Disclosure Form (PDF)
Fire Insurance Information
Applicable to any tenant who requests fire insurance information in Massachusetts.
If a tenant requests in writing that they want fire insurance information, the landlord must comply within 15 days of the request. The landlord must provide the name of the insurance company that insures the rental property against damage or loss by fire and the amount of insurance and the name of the individual who would receive payment for the loss covered by the insurance company.
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in Massachusetts to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
- Distribute a Letter of Interim Control or Letter of Compliance which is issued by the local board of health, if applicable.
- The landlord must supply the tenant with a copy of the Tenant Lead Law Notification. The landlord must also keep a signed copy for their records.
Download: Massachusetts Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by Massachusetts law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
Optional Disclosure | How the Disclosure is Helpful |
---|---|
Asbestos. | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
Bed Bugs. | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
Late/Returned Check Fees. | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In Massachusetts there are no limits on late fees and landlords must wait 30 days to charge the fee. The maximum amount that can be charged for a returned check fee is $25. |
Medical Marijuana Use. | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Mold Disclosure. | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
Non-Refundable Fees. | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
Shared Utilities Arrangements. | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
Smoking. | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
In Massachusetts, if a landlord violates the disclosure of fire insurance, they can be fined up to $500. (186 MGL § 21)
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
Sources
- 1 MA Guide to Landlord/Tenant Rights
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…The lease must set forth the name, address, and phone number of
the owner, the person responsible for maintenance, and the person
to whom the tenant can give copies of formal notices, complaints, or
court papers… - 2 MA Gen L ch 186 § 15b (2019)
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…(3) (a) Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth under such terms as will place such deposit beyond the claim of creditors of the lessor, including a foreclosing mortgagee or trustee in bankruptcy, and as will provide for its transfer to a subsequent owner of said property. A receipt shall be given to the tenant within thirty days after such deposit is received by the lessor which receipt shall indicate the name and location of the bank in which the security deposit has been deposited and the amount and account number of said deposit. Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit…
- 3 MA Gen L ch 186 § 15b (2019)
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…(c) Any lessor of residential real property, or his agent, who accepts a security deposit from a tenant or prospective tenant shall, upon receipt of such security deposit, or within ten days after commencement of the tenancy, whichever is later, furnish to such tenant or prospective tenant a separate written statement of the present condition of the premises to be leased or rented. Such written statement shall also contain a comprehensive listing of any damage then existing in the premises, including, but not limited to, any violations of the state sanitary or state building codes certified by a local board of health or building official or adjudicated by a court and then existing in the premises. … If the tenant submits to the lessor or his agent a separate list of damages, the lessor or his agent shall, within fifteen days of receiving said separate list, return a copy of said list to the tenant with either such lessor’s signed agreement with the content thereof or a clear statement of disagreement attached…
- 4 MA Gen L ch 186 § 15b (2019)
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…(c) No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due…