Sample Massachusetts Rental Lease Agreement
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
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.
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.
MA Rental Lease Agreement
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