A Massachusetts lease agreement does more than simply outline rules and regulations; it helps keep you compliant in one of the most regulated rental markets in the US. From Boston to Cape Cod, the right lease agreement will help keep you on the right side of the law.
Disclosures (6)
Massachusetts requires landlords to provide specific disclosures to tenants before a tenant moves in. These disclosures aren’t optional; instead, the law requires them to help keep tenants safe and informed and to protect your property.
- Lead-based paint: Federal law requires landlords to disclose any information about lead-based paint and its hazards for most homes built before 1978.
- Move-in checklist: Massachusetts landlords must provide tenants with a detailed list outlining the condition of the unit within 10 days of move-in. This checklist is also used at move-out to compare conditions and calculate deductions (MGL 186 § 15B(2c)).
- Fire insurance: Landlords must provide information on the unit’s fire insurance policy, including the insurance company’s name, the coverage amount, and who would receive the payments (MGL 186 § 21).
- Shared utilities: If the building has any shared utility meters, landlords must outline how they will split costs among tenants (MGL 186 § 22f).
- Security deposit: Landlords must provide tenants with a receipt for their security deposit within 30 days. The receipt must include the deposit amount, the person receiving it, the date collected, and the name of the financial institution holding the deposit (MGL 186 § 15B(2b)).
- Landlord name and address: A Massachusetts lease agreement must include the name and address of the landlord or person responsible for managing the unit (105 CMR, § 410.400).
Optional Disclosures and Addenda
While not required, there are optional disclosures that can help strengthen your Massachusetts lease agreement. Having clear policies on the following can help avoid any confusion down the road.
Asbestos: Informs tenants of any asbestos hazards in the unit, as well as ways to minimize risk of exposure.
Bed bugs: Informs tenants of any known or suspected bed bug infestations in the unit or adjacent units.
Late/returned check fees: Outlines the charges for late or returned checks related to the rent. In Massachusetts, there is no limit on late fees, but returned check fees are capped at $25 or 1 percent of the check’s value, if more than $2,500.
Medical marijuana use: Explains the policy for medical marijuana use in the unit, including any limitations or restrictions.
Mold disclosure: Discloses any known or suspected mold issues in the unit, along with remediation methods.
Smoking: Details the smoking policy in the unit and on the property, including any designated smoking areas.
Consequences of Not Including Mandatory Disclosures
Landlords who fail to include any of the mandatory disclosures can face serious consequences, including fines, legal challenges, or an unenforceable lease. Providing clarity from the beginning helps avoid disputes down the road.
Security Deposit Regulations in Massachusetts
Massachusetts has some of the tightest security deposit laws in the nation. From deadlines to accounting rules, follow these regulations to stay compliant.
Maximum amount: Massachusetts landlords may charge up to 1 month’s rent as a security deposit (MGL 186 § 15B(b(iii))).
Deposit receipt: Landlords are required to provide a receipt for the tenant’s security deposit, including all pertinent information to the bank account that holds the funds (MGL 186 § 15B(2b)).
Interest payments: For tenancies lasting longer than 1 year, landlords must pay interest to tenants at the rate of 5 percent or the percentage received from the bank (MGL 186 § 15B(3b)).
Security deposit return: Landlords must return security deposit funds, minus any deductions, within 30 days of lease termination (MGL 186 § 15B(4)).
Deductions: Massachusetts landlords are allowed to deduct funds from the security deposit for unpaid rent or damages beyond normal wear and tear caused by the tenant (MGL 186 § 15B(4)).
Rent Payment Regulations
There are additional state laws regarding rent payment, as well. Rent collection in Massachusetts is governed by its own set of rules, including a grace period and late fees.
Rent control/stabilization: Rent control does not exist state-wide in Massachusetts, as the state banned rent control in 1994. However, some local municipalities still have rent control practices in place. Always check your local laws before setting your rent prices.
Late rent fees: There is no limit on what Massachusetts landlords can charge in late fees; however, these fees must be clearly outlined in the lease and cannot be charged until 30 days after the rent is late (MGL 186 § 15B(1c)).
Grace period: There is no required grace period for late rent in Massachusetts. Landlords may begin the legal eviction process as soon as 1 day after a missed rent payment (MGL 186 § 15B(1c)).
Tenant’s right to withhold rent: Tenants are allowed to withhold rent if the landlord fails to make necessary repairs or uphold their responsibilities in the lease (MGL 239 § 8A).
Violations
When a tenant violates any part of their lease, Massachusetts has clear rules for how a landlord can respond. Understanding the steps you can take helps to protect your property and avoid lengthy disputes.
Lease violation: There are no laws that dictate the notice a landlord must provide in the event of a lease violation; therefore, you should clearly outline these terms in your Massachusetts lease agreement.
Missed rent payment: Typically, a landlord may deliver a 14-day Notice to Pay or Quit once the tenant misses a rent payment. However, they can enforce other rules if outlined in the lease (MGL 186 § 11A).
Lease abandonment: If a landlord suspects their tenant has abandoned their lease before the end of its term, they should attempt to make contact with the tenant on two separate occasions, at least 3 days apart. If there is no contact after 14 days, the landlord may regain possession of the unit (MGL 105A § 9).
Self-help evictions: Landlords should never attempt self-help evictions in Massachusetts, as they are illegal and could result in various penalties.
Terminating a Lease
When it’s time to terminate a lease, Massachusetts has specific laws that you must follow. Handle them correctly, and you will avoid unnecessary delays or legal complications.
Standard lease: Massachusetts tenants may legally terminate their lease early if they meet certain conditions, such as active duty military service, uninhabitable living conditions, domestic violence, or landlord harassment (MGL 186 § 14).
Month-to-month: Landlords or tenants must give 30 days’ written notice to the other party if they intend to terminate a month-to-month rental agreement (MGL 186 § 12).
Property abandonment: If a tenant leaves behind property when they move out, the landlord must attempt to contact them at their last known address. The landlord may dispose of the property if they have not made contact after 60 days (MGL 200A § 7(a)).
Renewing a Lease
Renewals are an excellent opportunity to retain good tenants and update lease terms, but are they required? Timing and notice are crucial here, so follow these guidelines to help ensure a smooth process.
Notice requirements: Massachusetts does not have any laws that require landlords to give specific notice if they do not intend to renew a standard lease. Landlords, however, must provide tenants with at least 30 days’ written notice for month-to-month rental agreements (MGL 186 § 12).
Renewals: Landlords in Massachusetts are not required to renew a lease at the end of its term.
Landlord’s Access to Property
Occasionally, landlords must enter the property, whether for routine maintenance or an emergency. Landlords should strive to find a balance between maintaining their property and respecting their tenants’ privacy.
Immediate access: In Massachusetts, landlords are granted immediate access to a property in the event of an emergency.
Notice requirements: Massachusetts does not have any laws that specify when a landlord may enter the property or the amount of notice they must provide. For routine maintenance, the best practice is to give advance notice and enter during reasonable hours.
Harassment: If a landlord repeatedly enters the unit without just cause and interferes with a tenant’s right to quiet enjoyment of their home, the tenant may sue for landlord harassment, which could allow the tenant to sue for damages or terminate their lease early without penalty (MGL 186 § 14).
