The Massachusetts sublease agreement is a legal contract that allows a tenant to rent out all or a portion of the property to a subtenant in exchange for regular payments.
Does a Tenant Need the Landlord’s Permission to Sublet in Massachusetts?
in Massachusetts, a tenant does need the landlord’s permission to sublet. Even after consent is given, a landlord still has the right to reject a subtenant if they are unqualified, such as for having a poor work history or bad references.
Standardized Massachusetts Sublease Agreements
A standard form can be used in Massachusetts to create a sublease. Here’s what is generally included in a Massachusetts sublease agreement:
- The Names of the Parties – The original tenant under the lease is named in the sublease and is called the “Sublessor.” The third-party that is subleasing the rental unit is named in the sublease and is called the “Sublessee.”
- Term – State the exact date of the sublease beginning and ending date.
- Rental Unit Location – The address for the rental unit as described in the master lease.
- Rent – How much the rent is, when it needs to be paid, and how to pay it.
- Master Lease Inclusion – A copy of the Master Lease is attached to the sublease. If any exceptions in the Master Lease are not included they should be clearly stated in this section.
- General Conditions – A statement that the written sublease agreement contains all of the agreements between the parties and can only be modified by written consent of the parties to the agreement.
- Liability – The sublessee will be liable for any damages to the Sublessor. The Sublessor is responsible for paying for any damages that impact the landlord as stated in the original lease agreement.
- Authorized Occupants – This identifies the new tenant(s) and those authorized to live in the rental unit including any policy about short-term guests.
- Security Deposit – Massachusetts law limits the maximum security deposit to the first month’s rent. The security deposit is held by the Sublessor (not the landlord).
- Return of Security Deposit – Massachusetts landlords must return any remaining portion of security deposits within 30 days after the termination date specified in a written lease agreement (or after the tenant vacates the rental unit in a tenancy-at-will).
- Lead-Based Paint Notice – Under Federal law, if the rental unit’s premises were built before 1978, the Sublessee must be given a written warning notice, called a Lead-Based Paint Disclosure.
- Disputes – A description of how disputes between the Sublessor and Sublessee are to be settled, which may include mediation and binding arbitration to avoid more expensive legal proceedings.
- Utilities – The utilities to be paid by the Sublessor and those that are to be paid by the Sublessee.
- Inventory of Included Items – The list of items in the rental unit that are part of the sublease (furniture or appliances).
- Smoking Policy – Florida law permits the designation of a property as a non-smoking area. If smoking is restricted in the rental unit, any designated smoking areas are identified in the sublease.
- Parking Policy – List designated areas where subtenants and their guests may park and include information about any parking fees.
- Landlord’s Consent – This section describes how the landlord is asked to consent (if consent is not already included in the Master Lease). Tenants may create a signed sublease that is conditional on being accepted by the landlord before the sublease becomes effective.
Tax Implications of a Sublease in Massachusetts
In Massachusetts, a sublessor may be subject to the state room occupancy tax and additional city taxes if they sublet a property for any period of 90 days or less. For example, in Boston, taxes include:
- Massachusetts Room Occupancy Tax – 5.7%
- Boston Convention Center Tax – 2.75%
- Boston City Tax – 6.5%
