Before renting out the extra bedroom you’re not using, you’ll need to create a room rental agreement. Massachusetts landlords use them to set clear terms, avoid confusion, and follow the state’s rental laws.
Use this guide to create a legally compliant Massachusetts lease agreement that keeps everyone aligned. We’ll cover rental rules in the Bay State, contract types, mandatory disclosures, and the benefits of using property management software. Let’s get started.
Room Rental Laws
If you rent out a room in your home, landlord-tenant laws in Massachusetts require you to follow these guidelines:
- Maintain a safe, habitable living space.
- Notify tenants before entering their room.
- Include all mandatory disclosures in your lease agreement.
- Never engage in landlord harassment.
We’ll cover Massachusetts room rental agreement laws in detail after this quick word on contract types and disclosures.
Different Types of Room Rental Agreements in Massachusetts
When you lease out a room in this corner of the Northeast, you can choose from three agreement formats:
- Verbal agreement: Many landlords rely on word-of-mouth agreements, but we recommend using a written lease agreement instead.
- Fixed-term lease: These written leases establish a clear start and end date, typically lasting between 6 months and 1 year.
- Month-to-month lease: The most flexible option is a “tenancy at will” agreement. It renews each month, but you can terminate it at any time.
To make the best decision, consider your relationship with the tenant and the length of your agreement.
Required Landlord Disclosures
Every Massachusetts room rental agreement must include these disclosures:
- Lead-based paint: Federal law requires landlords who own properties built before 1978 to disclose any known lead-based paint or related hazards (42 U.S.C. § 4852d).
- Landlord information: Give tenants the landlord’s name, phone number, and address, or the property manager’s (105 CMR § 410.400).
- Move-in checklist: Provide tenants with a detailed list of existing damage and an overview of the property’s current condition within 10 days of move-in (Mass. Gen. Laws ch. 186, § 15B(2c)).
- Security deposit details: Landlords must give tenants a receipt within 30 days, including the following information:
- Deposit amount
- Landlord name
- Date
- Property address (and unit number, if applicable)
- The bank name and location
- Account number and interest policies (Mass. Gen. Laws ch. 186, § 15B(2b)).
- Shared utilities: If a landlord rents a unit where tenants pay for water, they must explain the billing details in the lease (Mass. Gen. Laws ch. 186, § 22f).
- Fire insurance: If tenants submit a written request, landlords must explain the fire insurance policy within 15 days (Mass. Gen. Laws ch. 186, § 21).
Keep the following laws in mind when creating a room rental agreement in Massachusetts:
Security Deposit Rules
Maximum security deposit: Landlords can charge up to 1 month’s rent as a security deposit (Mass. Gen. Laws ch. 186, § 15B).
Security deposit receipt: Within 30 days, landlords must give tenants a written receipt, including:
- The amount
- The date
- The name and location of the bank holding it
- The account number
- A statement explaining interest accrual policies (Mass. Gen. Laws ch. 186, § 15B(2b))
Deduction tracking: If a landlord withholds security deposit funds, they must give tenants a written, itemized statement of deductions and supporting documents within 30 days of move-out (Mass. Gen. Laws ch. 186, § 15B).
Security deposit return: Landlords must return the remaining balance to tenants within 30 days (Mass. Gen. Laws ch. 186, § 15B).
Pet deposits: Massachusetts law prohibits upfront pet deposits. Landlords can only charge the first and last month’s rent, a security deposit up to 1 month’s rent, and the costs of installing a key and lock (Mass. Gen. Laws ch. 186, § 15B).
Rent Payment Rules
Late rent fees: State law doesn’t limit late-fee charges. Landlords can charge a reasonable amount if they outline their policy in their Massachusetts room rental agreement.
Right to withhold rent: Tenants can use the state’s legal repair-and-deduct process to address health and safety code violations, but only up to 1 month’s rent (Mass. Gen. Laws ch. 239, § 8A).
Grace period: Massachusetts law prohibits landlords from charging late fees until the rent is 30 days past due (Mass. Gen. Laws ch. 186, § 15B).
Pet rent: Massachusetts law treats pet rent like regular rent, so the same laws apply.
Rent Payment Increase Rules
Rent payment increase frequency: State law doesn’t limit how often landlords can increase rent.
Rent payment increase maximum: Landlords can raise rent by any amount at the end of a lease.
Rent control/stabilization: Cities and towns can’t enforce local rent control policies (Mass. Gen. Laws ch. 40P, § 4).
Room Rental Agreement Breaches
Failure to pay: Before pursuing eviction, landlords must give tenants a 14-Day Notice to Pay or Quit (Mass. Gen. Laws ch. 186, § 11).
Lease violations: Massachusetts law allows landlords to evict tenants provided they follow the legal process (Mass. Gen. Laws ch. 239).
Self-help evictions: Landlords can’t kick tenants out by changing the locks, removing their belongings, or using any other self-help methods (Mass. Gen. Laws ch. 186, § 14).
Terminating a Room Rental Agreement
Month-to-month: Both landlords and tenants must give the other party at least 30 days’ written notice (Mass. Gen. Laws ch. 186, § 12).
Fixed-term: If a landlord ends a fixed-term agreement early without legal justification, they could face penalties.
Room abandonment: Massachusetts law doesn’t address procedures for terminating a lease when tenants abandon the property.
Tenant’s right to terminate: In Massachusetts, tenants can end their lease if they’re a victim of domestic violence, rape, sexual assault, or stalking (Mass. Gen. Laws ch. 186, § 24).
Landlord Access Laws
Immediate access: In extreme emergencies, landlords can enter the room without advance notice.
Landlord harassment: Massachusetts law gives tenants the right to quiet enjoyment of the property. Landlords can’t interfere by entering their room without permission or repeatedly showing up without notice (Mass. Gen. Laws ch. 186, § 15B).
Advance notice: State law doesn’t define notice requirements.
Lease Agreement Renewal and Termination
Required renewals: Landlords don’t have to renew a room rental agreement in Massachusetts. If they want to continue, both parties must agree to an extension or sign a new lease.
Required notice: If landlords or tenants want to end a month-to-month agreement, they must give the other party 30 days’ written notice (Mass. Gen. Laws ch. 186, § 12).
Month-to-month considerations: If tenants stay in their room after the lease ends, the agreement automatically becomes a month-to-month tenancy.
We hope this guide helps you create a compliant, complete room rental agreement in Massachusetts. Consider using landlord software to make renting out a spare room quick and easy.
Room Rental Agreement Massachusetts FAQs
What to include in a Massachusetts room rental agreement?
- Mandatory disclosures
- Rent policies
- Security deposit process
- House rules
How do I legally rent out a room?
Create a written Massachusetts room rental agreement that includes the disclosures listed in this guide.
How to make a Massachusetts room rental agreement?
A printable template makes it quick and straightforward. Download our PDF form at the top of this guide now!
