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Massachusetts Sublease Agreement

A Massachusetts sublease agreement is a legal document that allows a tenant, referred to as the “sublessor,” to rent out all or part of their leased property to another individual, known as the “sublessee”. This arrangement is contingent upon the original lease being in effect and typically requires the landlord’s prior approval.

Massachusetts Sublease Agreement

Massachusetts Sublease Agreement

Right to Sublet

In Massachusetts, tenants must obtain explicit written permission from their landlord to sublet their rental unit. The lease agreement will dictate whether subletting is permitted. If the lease does not address subletting, landlords can grant permission through a Landlord Consent Form. Even with consent, landlords retain the right to reject potential subtenants based on their qualifications, such as work history or references.

Standardized Massachusetts Sublease Agreements

A Massachusetts sublease agreement generally includes several key components:

  • Names of the Parties: Identification of the original tenant (Sublessor) and the new tenant (Sublessee).
  • Term: Specification of the start and end dates of the sublease.
  • Rental Unit Location: Address of the rental unit as described in the master lease.
  • Rent: Details regarding the rent amount, payment due dates, and payment methods.
  • Master Lease Inclusion: A copy of the Master Lease is attached, noting any exceptions.
  • General Conditions: Statement that the sublease contains all agreements and can only be modified in writing.
  • Liability: Outlines the sublessee’s liability for damages and the sublessor’s responsibility for damages affecting the landlord.
  • Authorized Occupants: Identification of individuals authorized to reside in the rental unit.
  • Security Deposit: Maximum security deposit is limited to the first month’s rent, held by the Sublessor.
  • Return of Security Deposit: Remaining security deposits must be returned within 30 days after the lease termination or tenant vacating.
  • Lead-Based Paint Notice: Requirement for a written notice if the rental unit was built before 1978.
  • Disputes: Description of how disputes will be resolved, potentially through mediation or arbitration.
  • Utilities: Specification of which utilities are paid by the Sublessor and Sublessee.
  • Inventory of Included Items: List of items included in the sublease.
  • Smoking Policy: Indication of any smoking restrictions in the rental unit.
  • Parking Policy: Details regarding parking arrangements and associated fees.
  • Landlord’s Consent: Explanation of how landlord consent is obtained if not already included in the Master Lease.

Tax Implications of a Sublease in Massachusetts

Sublessors may be subject to the Massachusetts room occupancy tax and additional local taxes if they sublet a property for any period of 90 days or less. The tax rates are as follows:

  • Massachusetts Room Occupancy Tax: 5.7%
  • Local Taxes: Up to 6% (6.5% in Boston), with an additional 2.75% in some cities.

The room occupancy excise tax does not apply to month-to-month or at-will leases. However, fixed-term subleases of 31 days or less may incur taxes.

Security Deposit Obligations

Massachusetts law mandates that security deposits be returned within 30 days of the end of the sublease. Sublessors are required to provide subtenants with a 14-day written notice to pay rent or vacate, as well as a 30-day written notice of intent not to renew the sublease or original lease

Statutes

FAQs

Yes, in Massachusetts, a tenant must obtain the landlord’s permission to sublet their apartment. Even if the lease does not explicitly prohibit subletting, landlords have the right to screen potential subtenants and can reject them based on qualifications such as work history or references.

In Massachusetts, sublessors may be subject to the state room occupancy tax if they sublet a property for 90 days or less. The state tax rate is 5.7%, and cities like Boston may impose additional local taxes, bringing the total to as much as 9.25%.

A Massachusetts sublease agreement should include the names of the parties, the term of the sublease, rental unit location, rent details, a copy of the master lease, security deposit terms, and any specific policies regarding utilities, smoking, and parking.

In Massachusetts, landlords must return any remaining portion of a security deposit within 30 days after the termination of the lease or after the tenant vacates the rental unit in a tenancy-at-will.

Yes, the sublessor remains liable for any damages caused by the sublessee. The sublessor’s name remains on the original lease, making them responsible for any unpaid rent or damages to the property.

If your landlord denies your request to sublet, you cannot proceed with the sublease. You must comply with the terms of your original lease, which may include finding alternative arrangements or continuing to pay rent without subletting.

Yes, subletting is legal in Massachusetts as long as it is allowed in the rental agreement. If the lease prohibits subletting or does not address it, tenants cannot sublet the rental unit.

In Massachusetts, the maximum security deposit that can be collected is limited to the amount of the first month’s rent. This deposit must be held by the sublessor, not the landlord.