A Massachusetts residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a rental property and a tenant using the property. State and local laws set the rules for rental agreements, such as laws regulating the use of a tenant’s security deposit.
Massachusetts Lease Agreement Disclosures
These disclosures are required for residential lease agreements in Massachusetts:
| Disclosure | Applicable To |
|---|---|
| Landlord Name and Address | All Units |
| Security Deposit Holdings | All Leases Holding a Security Deposit |
| Security Deposit Receipt | All Leases Collecting a Security Deposit |
| Move-In Checklist | All Leases Collecting a Security Deposit |
| Notice of Occupants’ Legal Rights and Responsibilities | All Leases |
| Fire Insurance Information | Written Tenant Information Requests |
| Lead Paint | All Units Built Before 1978 |
Landlord’s Name and Address
Applies to all Massachusetts rentals.
Massachusetts leases must contain the name, address, and telephone number of the landlord (or authorized agent). This allows required communication (for example, about repairs) to happen in a smooth way.
Contact information most often is written in the lease agreement, for maximum convenience. The landlord must notify the tenant whenever there’s a change in contact information.
Massachusetts law requires that the telephone number provided must be monitored at least every 12 hours for availability, or else the landlord must provide an alternative contact that is reliable during temporary absences.
Security Deposit Holdings Disclosure
Applies to all Massachusetts rentals holding a security deposit.
Massachusetts landlords collecting a security deposit must disclose holding information to the tenant. The landlord has 30 days after collection to provide this information. The disclosure must state the amount of deposit, location of funds, and account number.
This is an example of a security deposit holdings disclosure:
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
Applies to all Massachusetts rentals which collect a security deposit.
Massachusetts landlords collecting a security deposit must provide a receipt to the tenant or prospective tenant. The landlord must give the receipt after receiving the deposit or within 10 days of the lease beginning (whichever is later).
A security deposit receipt must include the following information:
- Amount of deposit
- Name of the person receiving the deposit
- Description of the rental unit
- Date the deposit was received
- Signature(s) of the person(s) who received the deposit
Download: Massachusetts Security Deposit Receipt (PDF)
Move-In Checklist
Applies to all Massachusetts rentals which collect a security deposit.
Massachusetts landlords collecting a security deposit must inventory the rental unit’s condition with a move-in checklist, within 10 days of move-in. The inventory must include any existing damage, and any furnishings that must be returned without damage at the end of the lease.
The checklist must include the following 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)
Notice of Occupants’ Legal Rights and Responsibilities
Applies to all Massachusetts rentals.
Massachusetts landlords must provide all tenants with a chance to review the Notice of Occupants’ Legal Rights and Responsibilities. The Department of Public Health produces this notice. It contains information about minimum standards for rentals, as well as tenant remedies should a landlord fail to make necessary repairs.
A landlord doesn’t have to provide this notice individually to one tenant at a time. The law also allows the landlord to post the notice on durable material not less than 20 square inches in size, located next to the property’s mailboxes or within the interior in a place the occupants can see.
Download: Massachusetts Notice of Occupants’ Legal Rights and Responsibilities
Fire Insurance Information
Applies to any Massachusetts tenant who requests fire insurance information.
Massachusetts landlords must provide fire insurance information to any tenant who submits a written request. The information must be delivered within 15 days and must include all of the following:
- Name of the company insuring the rental property against fire
- Amount of insurance
- Name of individual to receive payment in the event of a covered loss
Lead-Based Paint Disclosure
Applies to any Massachusetts rentals built before 1978.
Massachusetts residential leases for property built before 1978 must, by federal law, contain a lead-based paint disclosure. This requires landlords to do the following:
- 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 any additional records or reports about the presence or hazards of lead-based paint in the unit (for multi-unit buildings with common areas, this includes information from building-wide evaluations)
Download: Massachusetts Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures and Addenda (Recommended)
The following lease agreement disclosures and addenda are not required by Massachusetts law in residential lease agreements, but help with tenant management and landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can reduce asbestos risk by not disturbing asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Massachusetts doesn’t cap late fees (but they only may be charged after 30 days). Returned check fees have a $25 cap (or 1% of the face value, if the check is for more than $2,500). |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property efforts, plus information about treatments. This helps limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable when the lease ends. For Massachusetts landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Sets terms for how to divide utility costs up on properties which share a utility meter with other units. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Consequences of Not Including Mandatory Disclosures
Mandatory disclosures outline important health, safety, and property information for the benefit of both landlord and tenant. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Failure to comply with fire insurance disclosure requirements can carry up to a $500 fine.
Sources
- 1 Office of the Attorney General of Massachusetts, The Attorney General's Guide to Landlord and Tenant Rights
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The lease must set forth the name, address, and phone number of
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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 Mass. Gen. Laws 186 § 15b(3)(a)
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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.
Source Link - 3 Mass. Gen. Laws 186 § 15b(2)(c)
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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.
Source Link - 4 Mass. Gen. Laws 186 § 15b(1)(c)
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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.
Source Link - 5 Mass. Gen. Laws 186 § 21
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The landlord or lessor of any residential or commercial property, upon the written request of any tenant or lawful occupant, of any code or other law enforcement official or of any official of the municipality in which the property is situated, shall disclose in writing within fifteen days of such request the name of the company insuring the property against loss or damage by fire and the amount of insurance provided by each such company and the name of any person who would receive payment for a loss covered by such insurance. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars. A waiver of this section in any lease or other rental agreement shall be void and unenforceable.
Source Link - 6 105 Mass. Reg. 410.400
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(A) Every owner of a residence who does not reside therein shall post signage, which contains the owner’s name, street address and telephone number, and, if applicable:
(1) The name, street address and telephone number of the president of the corporation;
(2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or
(3) The name, street address and telephone number of a property manager who does not reside in the building.
(B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence.
(C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants’ Legal Rights and Responsibilities issued by the Department;
(D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants.
Source Link - 7 Mass. Gen. Laws ch. 60 § 57A
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If any check or electronic funds transfer in payment of any tax, interest, penalty, fee or other charge imposed under chapters 59 to 61A, inclusive, or chapter 80 or for any other municipal service rendered is not duly paid there may, in addition to any other penalties provided by law, be paid as a penalty by the person who tendered such check or electronic funds transfer, upon notice and demand by the city or town tax collector, in the same manner as the tax or other amount to which the check or electronic funds transfer relates, an amount equal to 1 per cent of the amount of such check or electronic funds transfer; provided, however, that if the amount of such check or electronic funds transfer is less than $2,500, the penalty under this section shall be $25. Any person upon whom such penalty is imposed may appeal to the city or town tax collector who shall abate the same if the tax collector determines that such person tendered such check or electronic funds transfer in good faith and with reasonable cause to believe that it would be paid.
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