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Massachusetts

A Massachusetts lease agreement is a legally binding document that outlines the terms and conditions agreed upon by a landlord (or property manager) and a tenant for a specific lease term. In this agreement, landlords commit to renting their real property for a specified amount, while tenants agree to pay that rent to occupy the leased premises. It is essential for both parties to understand Massachusetts’ specific laws and nuances when drafting a lease agreement.

SimpleBasicLease_Massachusetts

SimpleBasicLease_Massachusetts

Rental Lease Laws Overview

In Massachusetts, the following key points summarize the rental lease laws:

  • Rent Control: There are no rent control laws in Massachusetts.
  • Limit on Late Fees: There is no specific limit on late fees.
  • Late Fees in Rental Agreement: Late fees can be included in the rental agreement.
  • Grace Period: A grace period is provided for late payments.
  • License Required for Landlord: No license is required for landlords.

Required Lease Disclosures

Massachusetts law mandates certain disclosures that landlords must provide to tenants when entering a lease agreement:

  • Fire Insurance: Landlords must provide details about fire insurance coverage within 15 days if requested by the tenant or officials.
  • Inventory Checklist: An inventory checklist detailing existing damage or code violations must be provided. This checklist must include a specific statement in twelve-point bold-face font, emphasizing the importance of its accuracy and the tenant’s obligation to respond within a specified timeframe.
  • Identification: The lease agreement must include the name, mailing address, and phone number of the landlord, property owner, or property management company, as well as the person responsible for maintenance and the person to whom the tenant can give notices.
  • Security Deposit Receipt: Landlords must issue a receipt for the security deposit upon receipt or within ten days of the commencement of tenancy. The receipt must include the amount, the name of the person receiving it, the date received, a description of the leased premises, and the signature of the person accepting the deposit.
  • Security Deposit Notice: Landlords must place any received security deposit in a separate, interest-bearing account and disclose the holding information within 30 days.
  • Disclosure of Lead-Based Hazards: Required for rental properties built before 1978 as per federal law.

Security Deposit

The regulations regarding security deposits in Massachusetts include:

  • Maximum Amount: The security deposit cannot exceed the amount of the first month’s rent.
  • Receipts: Landlords must provide a receipt for the security deposit.
  • Interest Payments: The deposit must be held in an interest-bearing account, with up to 5% interest paid annually.
  • Bank Account: The security deposit must be held in a separate, interest-bearing account.
  • Returning Requirements: The landlord must return the deposit within 30 days after the tenant vacates.
  • Withholding Rules: If any amount is withheld from the deposit, an itemized list of damages must be provided within 30 days.

Rent Payments

Key points regarding rent payments in Massachusetts include:

  • Laws: Rent is due on the date specified in the lease agreement.
  • Rent Control: There are no state-wide rent control laws in Massachusetts.
  • Late Fees and Grace Period: Late fees cannot be charged until 30 days after the rent due date.
  • Withholding Rent: Tenants may withhold rent for health or safety violations after providing notice.

Landlord Right of Entry

Landlords in Massachusetts must adhere to the following regarding their right of entry:

  • Notice Requirements: Landlords must give reasonable notice before entering the property for repairs or inspections.
  • Keys, Locks, and Security: Changing locks without a court order is illegal.

Property Repairs

The responsibilities for property repairs are as follows:

  • Landlord Responsibilities: Landlords are required to maintain rental properties in habitable condition.
  • Tenant Repairs: Tenants can repair and deduct costs from rent if the landlord fails to make necessary repairs.
  • Abandonment: There is no specific state law defining the time period for property abandonment.

Terminating a Lease

For terminating a lease in Massachusetts, the following applies:

  • Month-to-Month Tenancy: Either party must provide 30 days’ notice to terminate a month-to-month tenancy.
  • Unclaimed Property: Landlords must inspect the property for abandoned animals within three days of vacancy.

Statutes

FAQs

In Massachusetts, landlords must provide several disclosures in a lease agreement, including fire insurance details upon request, an inventory checklist of the rental unit’s condition, identification of the landlord or property manager, a receipt for the security deposit, and information about the security deposit account. Additionally, federal law requires disclosure of lead-based hazards for properties built before 1978.

In Massachusetts, the maximum amount for a security deposit cannot exceed the amount of the first month’s rent. Landlords must also provide a receipt for the deposit and hold it in a separate, interest-bearing account.

A landlord in Massachusetts must return the security deposit within 30 days after the tenant vacates the rental property. If any amount is withheld for damages, the landlord must provide an itemized list of those damages within the same 30-day period.

In Massachusetts, landlords cannot charge late fees until 30 days after the rent due date. The specific late fees must be outlined in the rental agreement, and there is no state limit on the amount that can be charged.

Landlords in Massachusetts must provide reasonable notice before entering a rental property for repairs or inspections. This ensures tenants are aware and can prepare for the landlord’s visit.

Yes, tenants in Massachusetts have the right to withhold rent if there are health or safety violations in the rental property. However, tenants must provide notice to the landlord regarding the issues before withholding rent.

To terminate a month-to-month lease in Massachusetts, either party must provide a 30-day notice to the other party. This notice allows both the landlord and tenant to prepare for the end of the tenancy.