How Long Can a Residential Lease Be in Massachusetts?

Depending on circumstances, in Massachusetts it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year.

Is a Contract to Lease Binding in Massachusetts?

Yes, a contract to lease is legally binding in Massachusetts. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term.

Do Lease Agreements Need to Be Notarized in Massachusetts?

No, lease agreements do not need to be notarized in Massachusetts. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid.

Can a Lease Automatically Renew in Massachusetts?

Yes, a lease can automatically renew in Massachusetts. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease.

Massachusetts Lease Agreement (Free) | 2024

A Massachusetts residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.

Massachusetts Lease Agreement Disclosures

These disclosures are required for some or all 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
Fire Insurance Information	Written Tenant Information Requests
Lead Paint	All Units Built Before 1978

Landlord’s Name and Address

Applicable to all Massachusetts rentals.

Massachusetts leases must contain the name and address of the landlord or authorized agent. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information.

Security Deposit Holdings Disclosure

Applicable to all Massachusetts rentals holding a security deposit.

Massachusetts landlords collecting a security deposit must within 30 days of collection disclose the holding information to the tenant. This 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

Applicable 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, 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

Applicable 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 term.

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)

Fire Insurance Information

Applicable to any Massachusetts tenant who requests fire insurance information.

Massachusetts landlords must within 15 days provide fire insurance information to any tenant who submits a written request. The information 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

Applicable to any Massachusetts rentals built before 1978.

For any property built before 1978, federal law requires that a Massachusetts residential lease must 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 assist with tenant management and help limit landlord liability.

Optional Disclosure	Purpose
Asbestos	Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of 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 has no cap late fees (but they may only be charged after 30 days). Returned check fees have a $25 cap.
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, along with any remediation efforts, to help limit landlord liability.
Non-Refundable Fees	Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Massachusetts landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease.
Shared Utilities Arrangements	Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. 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.

note

Some Massachusetts cities, like Boston, have more comprehensive rules than the statewide standard. Always check local laws.

Consequences of Not Including Mandatory Disclosures

Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. 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 MA Guide to Landlord/Tenant Rights: …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): …(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): …(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): …(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…
5 MA Gen L ch 186 § 21 (2023): 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.
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