A Massachusetts residential lease agreement (“rental agreement”) is a legal contract between a landlord overseeing a residential property and a tenant who wishes to rent it. A residential lease may, on or before move-in, additionally require a security deposit from the tenant as assurance against future property damage.
These disclosures are required for some or all residential lease agreements in Massachusetts:
| Disclosure | Applicable To |
|---|---|
| Landlord Name and Address | All Units |
| Security Deposit Holdings | All Leases Holding a Security Deposit |
| Security Deposit Receipt | All Leases Collecting a Security Deposit |
| Move-In Checklist | All Leases Collecting a Security Deposit |
| Notice of Occupants’ Legal Rights and Responsibilities | All Leases |
| Fire Insurance Information | Written Tenant Information Requests |
| Lead Paint | All Units Built Before 1978 |
Applicable to all Massachusetts rentals.
Massachusetts leases must contain the name and contact information of the landlord or authorized agent, including telephone number. This enables smooth communication of any important legal notice. This contact information is most often written in the lease agreement, for maximum convenience. The landlord has an obligation to notify the tenant in the event of a change in contact information. [1]
Massachusetts law requires that the telephone number provided must be monitored at least every 12 hours for availability, or else the landlord must provide an alternative contact that is reliable during temporary absences. [6]
Applicable to all Massachusetts rentals holding a security deposit.
Massachusetts landlords collecting a security deposit must within 30 days of collection disclose the holding information to the tenant. This disclosure must state the amount of deposit, location of funds, and account number. [2]
This is an example of a security deposit holdings disclosure:
SECURITY DEPOSIT HOLDINGS DISCLOSURE. The security deposit of $____, highlighted in this lease, can be found at the following location:
BANK:_____
ACCOUNT #:_____
Applicable to all Massachusetts rentals which collect a security deposit.
Massachusetts landlords collecting a security deposit must provide a receipt to the tenant or prospective tenant, after receiving the deposit or within 10 days of the lease beginning (whichever is later).
A security deposit receipt must include the following information:
Applicable to all Massachusetts rentals which collect a security deposit.
Massachusetts landlords collecting a security deposit must inventory the rental unit’s condition with a move-in checklist, within 10 days of move-in. The inventory must include any existing damage, and any furnishings that must be returned without damage at the end of the lease term.
The checklist must include the following notice in legible writing at the top of the document in 12-point, bold-faced text: [3]
This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.
Applicable to all Massachusetts rentals.
Massachusetts landlords must provide all tenants with the opportunity to review the Notice of Occupants’ Legal Rights and Responsibilities. The Department of Public Health produces this notice, which contains information about minimum standards for rentals as well as tenant remedies when a landlord fails to make necessary repairs. [6]
A landlord does not necessarily have to provide this notice individually to one tenant at a time. The law also allows the landlord to post the notice on durable material not less than 20 square inches in size, placed on the premises next to the mailboxes or within the interior in a place the occupants can see.
Applicable to any Massachusetts tenant who requests fire insurance information.
Massachusetts landlords must within 15 days provide fire insurance information to any tenant who submits a written request. The information must include all of the following:
Applicable to any Massachusetts rentals built before 1978.
For any property built before 1978, federal law requires that a Massachusetts residential lease must contain a lead-based paint disclosure. This requires landlords to do the following:
The following lease agreement disclosures and addenda are not required by Massachusetts law in residential lease agreements, but assist with tenant management and help limit landlord liability.
| Optional Disclosure | Purpose |
|---|---|
| Asbestos | Informs tenants about any asbestos hazards related to the property. Tenants can take precautions to reduce asbestos hazards by avoiding any disturbance of asbestos fibers. |
| Bed Bugs | Informs tenants whether the property or an adjacent unit has a history of suspected bed bug infestation, and reminds the tenant of the obligation to report suspected infestation immediately. |
| Late/Returned Check Fees | Specifies late fees or returned check fees related to the lease. Massachusetts has no cap late fees (but they may only be charged after 30 days). [4] Returned check fees have a $25 cap. |
| Medical Marijuana Use | Informs tenants about policy related to medical marijuana use on the rental property. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only, or allow use only in designated smoking areas. |
| Mold Disclosure | Informs tenants about actual or suspected mold contamination on the property, along with any remediation efforts, to help limit landlord liability. |
| Non-Refundable Fees | Charges not agreed by the tenant in the lease may be refundable upon lease termination. For Massachusetts landlords to charge a non-refundable fee, it must be disclosed and agreed as such in the lease. |
| Shared Utilities Arrangements | Discloses how charges are billed to individual tenants, when multiple rental units share a utility meter for the whole building or property. This ensures tenants receive fair charges and understand what uses contribute to their bill. |
| Smoking | Informs tenants of designated smoking areas that do not interfere with the quiet enjoyment of other tenants. |
Some Massachusetts cities, like Boston, have more comprehensive rules than the statewide standard. Always check local laws.
Mandatory disclosures outline important health, safety, and property information for both landlord and tenant safety. A landlord who fails to provide federally or state-mandated disclosures could face legal consequences or monetary penalties, either from a tenant lawsuit or from state officials. Many lease provisions may be unenforceable without legally required disclosures.
Failure to comply with the federal lead-based paint hazard disclosure risks fines of tens of thousands of dollars per violation.
Failure to comply with fire insurance disclosure requirements can carry up to a $500 fine. [5]
…The lease must set forth the name, address, and phone number of
the owner, the person responsible for maintenance, and the person
to whom the tenant can give copies of formal notices, complaints, or
court papers…
…(3) (a) Any security deposit received by such lessor shall be held in a separate, interest-bearing account in a bank, located within the commonwealth under such terms as will place such deposit beyond the claim of creditors of the lessor, including a foreclosing mortgagee or trustee in bankruptcy, and as will provide for its transfer to a subsequent owner of said property. A receipt shall be given to the tenant within thirty days after such deposit is received by the lessor which receipt shall indicate the name and location of the bank in which the security deposit has been deposited and the amount and account number of said deposit. Failure to comply with this paragraph shall entitle the tenant to immediate return of the security deposit…
…(c) Any lessor of residential real property, or his agent, who accepts a security deposit from a tenant or prospective tenant shall, upon receipt of such security deposit, or within ten days after commencement of the tenancy, whichever is later, furnish to such tenant or prospective tenant a separate written statement of the present condition of the premises to be leased or rented. Such written statement shall also contain a comprehensive listing of any damage then existing in the premises, including, but not limited to, any violations of the state sanitary or state building codes certified by a local board of health or building official or adjudicated by a court and then existing in the premises. … If the tenant submits to the lessor or his agent a separate list of damages, the lessor or his agent shall, within fifteen days of receiving said separate list, return a copy of said list to the tenant with either such lessor’s signed agreement with the content thereof or a clear statement of disagreement attached…
…(c) No lease or other rental agreement shall impose any interest or penalty for failure to pay rent until thirty days after such rent shall have been due…
The landlord or lessor of any residential or commercial property, upon the written request of any tenant or lawful occupant, of any code or other law enforcement official or of any official of the municipality in which the property is situated, shall disclose in writing within fifteen days of such request the name of the company insuring the property against loss or damage by fire and the amount of insurance provided by each such company and the name of any person who would receive payment for a loss covered by such insurance. Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars. A waiver of this section in any lease or other rental agreement shall be void and unenforceable.
(A) Every owner of a residence who does not reside therein shall post signage, which contains the owner’s name, street address and telephone number, and, if applicable:
(1) The name, street address and telephone number of the president of the corporation; (2) The name, street address and a telephone number of the managing trustee or partner if the owner is a realty trust or partnership; or (3) The name, street address and telephone number of a property manager who does not reside in the building. (B) The telephone number of the owner or property manager shall be regularly monitored, but no less than once every 12 hours, unless the owner has provided occupants with an alternative contact person and phone number for periods of temporary absence. (C) Every owner of a residence shall provide to each occupant or post in a location specified in 105 CMR 410.400(D) a copy of the Notice of Occupants’ Legal Rights and Responsibilities issued by the Department; (D) Postings required by 105 CMR 410.400 shall be on durable material not less than 20 square inches in size and placed at the residence adjacent to the mailboxes or within the interior of the residence in a location visible to the occupants.
How Long Can a Residential Lease Be in Massachusetts? Depending on circumstances, in Massachusetts it’s usually possible to have a lease of any length of time, as long as the length of the lease term is specific and agreed in writing by the landlord and tenant. Oral leases can almost never be for a term of more than one year. Read more » Is a Contract to Lease Binding in Massachusetts? Yes, a contract to lease is legally binding in Massachusetts. To be valid, a contract to lease may have to be written, especially for a fixed term over one year. Oral leases may be valid in some cases (especially when both parties later behave as though there’s an enforceable oral lease), but often have strict limitations on enforceability for things like length of the lease term. Read more » Do Lease Agreements Need to Be Notarized in Massachusetts? No, lease agreements do not need to be notarized in Massachusetts. A notary helps establish the identity of the people signing the lease, if there’s a claim of fraud, but a notary isn’t necessary for a lease to be valid. Read more » Can a Lease Automatically Renew in Massachusetts? Yes, a lease can automatically renew in Massachusetts. Most rental agreements will automatically renew when the initial tenancy period is over, if neither party takes action. Past this point, the lease typically becomes a month-to-month rental agreement, with the same basic terms and conditions otherwise as the original lease. In some cases, such as if rent is being paid weekly, the lease may become a week-to-week lease. Read more »
