Free Massachusetts Rental Lease Agreement


Sample Massachusetts Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, Massachusetts, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, Commonwealth of Massachusetts, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the Commonwealth of Massachusetts.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the Commonwealth of Massachusetts (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, Commonwealth of Massachusetts, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, Massachusetts, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, Massachusetts, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

Massachusetts Rental Lease Agreement

If you are planning to find residential space in Massachusetts, perhaps going through this article on rental lease agreements in Massachusetts will familiarize you with the rental laws. You should also read the comprehensive laws on leases and lease agreement. These laws will keep you on the right side of the law and also save you money.

  • The Official Rules and Regulations

    • City of Boston Municipal Code

    • The Massachusetts General Law C186 – Estates for Years and At-Will / Landlord and Tenant Law

    • Evictions – Tenants’ Rights in Massachusetts

    • Fair Housing Laws – Massachusetts General Law c.151 s.4

    • Good Neighbors Handbook – A Guide for Boston Landlords & Tenants

    • Massachusetts General Law c.218 s.21-28 – Small Claims/ District Courts

    • Massachusetts Consumer Guide to Tenant Rights and Responsibilities

    • Mobile Homes – Tenant’s Rights in Massachusetts

    • Summary Process for Possession of Land – Massachusetts General Law c.239

    • The Minimum Standard for Fitness for Human Habitation – 105 CMR 410

    • Landlord and Tenant Laws – 940 CMR 3.17

Security Deposit

Before you sign a lease contract or fill our lease agreement template online, take note of these laws on security deposits:

The security deposit maximum equals one month’s rent, and the deadline for returning the security deposit is 30 days after occupancy.

If collecting the deposit within 10 days after moving in, the landlord should provide a statement to document the condition of the premise.

Security deposit interest – for annual leases, the landlord should pay 5 percent interest annually or, any other such lesser amount of interest if received from the bank holding the deposit. The interest is payable to tenants at the end of each year. In case a tenant terminates tenancy before the year ends, then the landlord pays the accrued interest within thirty days after termination.

  • About the security deposit bank account

    • It is required that the security deposit is held in a separate interest-bearing account in a bank within Massachusetts.

    • The security deposit shouldn’t be commingled with the landlord’s assets.

It is required that the landlord prepared a detailed move-out checklist or an itemized list of charge and damages within 30 days after a tenant’s departure.

The landlord should keep a record of deposit withholdings for up to 2 years. And, a receipt (with bank’s name and location) of the deposit given to the tenant within 30 days after receiving the deposit.

What happens when a landlord fails to comply with (MGL c.186 § 15B(6)(a), (d), or (e))? The tenant is awarded damages equal three times the amount of the security deposit. The only exemption is that the provisions above don’t apply to any lease, tenancy or occupancy of 100 days or less.

Lease, Rent, and Fees

In the state of Massachusetts, there is no statute for when rent is due. However, a landlord should give a 30-days rent increase notice and a 30-days rent grace period.

Regarding prepaid rent, the first and the last month’s rent is the maximum allowed to be collected before or at the beginning of the tenancy. A receipt for prepaid rent is essential.

Returned check fees don’t exceed $30.

If the landlord fails to provide essential services, then the tenant may withhold rent which should be deposited in the clerk of the courts.

After a 14-days written notice, the tenant may repair and deduct rent.

The attorney fees are recoverable by the landlord

There is no statute stating whether or not the landlord must make reasonable attempts to mitigate damages, as well as any attempts to rerent.

Notices and Entry

For leases with payment intervals of 3 or more months, 3 months’ notice is required for tenancy termination.

There is no statute and no notice needed for termination off fixed-end date leases, weekly and time of move-out inspection.

For monthly leases and leases with equal intervals between payment days (30 days), notice should be given depending on the payment interval or whichever is longer.

The notice of termination of leases for nonpayment is 14 days unless, the tenant remedies and pays the due rent with interest before they receive a notice to quit.

There are no statutes for termination of lease violations and, the landlord can terminate leases without giving notice if a tenant engages in illegal activity.

Though a 24-hour notice is required before entry, there are no statutes on the same

Entry, is, however, allowed for non-emergency maintenance and repairs, showings, or for emergency entry.

There are no statutes governing entry without notice or for allowing entry during a tenant’s extended absence, or for tenants on pesticide use.

Also, utility shutoffs and lockouts aren’t allowed.

In case of self-help eviction, the rental laws in the Massachusetts rental lease agreements state that the tenant may recover possession of the unit or even terminate the rental agreement.

Disclosures and Miscellaneous Notes

This part of the legal rental contract stipulates the landlord’s responsibilities, names, and addresses, the disclosure of insurance, domestic violence situations, lead disclosures, children, and retaliation.

Court and Legal Related

The property and lease cases are handles in the Massachusetts Small Claims Court. The limit is $7,000, and the courts don’t allow eviction cases.

You can get help from the Massachusetts bar association, judiciary branch, district courts and other legal organizations.

Business Licenses

While there are no state-wide laws, the local cities and counties may have requirements and regulations.

If you are looking for an expedited professional process, you could fill our lease agreement forms online today.

Sample

MA Rental Lease Agreement

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