Under Massachusetts General Laws Chapter 186, § 15B, landlords must provide their name and address in lease agreements. Additionally, landlords must give tenants a written statement of the condition of the rental unit before move-in.
Landlord Requirements:
- Provide the landlord’s or property manager’s contact details in the lease.
- Give tenants a written statement of the rental unit’s condition before move-in.
- Notify tenants in writing of any changes to contact information.
Massachusetts Lease Agreement Templates
What’s Included in Massachusetts Lease Forms
Updated August 12, 2024
A residential lease agreement in Massachusetts is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with Massachusetts laws.
Our form includes:
Parties Identification
Lease Term
Rent Payment Terms
Security Deposit
Maintenance Responsibilities
State-Specific Disclosures
State-Specific Notices
Disclosures and Addenda for Massachusetts
These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.
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Landlord's Name and Address
<p>Landlords must provide tenants with their name, address, and phone number, as well as the contact information of the person responsible for property maintenance and the individual to whom tenants can give formal notices or complaints. This information ensures tenants know who to contact regarding property issues or emergencies.</p>
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Landlord's Name and Address
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Landlords must provide tenants with their name, address, and phone number, as well as the contact information of the person responsible for property maintenance and the individual to whom tenants can give formal notices or complaints. This information ensures tenants know who to contact regarding property issues or emergencies. |
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Lead Paint - Know Presence
<p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
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Lead Paint - Know Presence
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Applies to units built before 1978 where the presence of lead paint has been confirmed. |
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Lead Paint - No Know Presence
<p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
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Lead Paint - No Know Presence
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Applies to units where no evidence of lead paint is present or units built after 1978. |
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Condition of the Premises
<p>Landlords are obligated to deliver and maintain rental units in a safe, clean, and habitable condition, complying with the Massachusetts Sanitary Code. This includes making necessary repairs and addressing any issues that may pose health or safety risks.</p>
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Condition of the Premises
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Landlords are obligated to deliver and maintain rental units in a safe, clean, and habitable condition, complying with the Massachusetts Sanitary Code. This includes making necessary repairs and addressing any issues that may pose health or safety risks. |
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Late/Returned Fees
<p>Massachusetts law permits landlords to charge late fees; however, such fees cannot be imposed until the rent is at least 30 days overdue. The specific amount or percentage should be reasonable and clearly stated in the rental agreement. For returned checks, landlords may impose a fee, but it must be reasonable and specified in the lease.</p>
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Late/Returned Fees
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Massachusetts law permits landlords to charge late fees; however, such fees cannot be imposed until the rent is at least 30 days overdue. The specific amount or percentage should be reasonable and clearly stated in the rental agreement. For returned checks, landlords may impose a fee, but it must be reasonable and specified in the lease. |
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Mold Disclosure
<p>Massachusetts law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
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Mold Disclosure
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Massachusetts law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises. |
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Non-Refundable Fees
<p>Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them</p>
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Non-Refundable Fees
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Landlords must clearly disclose any non-refundable fees in the lease agreement to enforce them |
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Smoking
<p>While not required by Massachusetts law, it's advisable to include a smoking policy in the lease agreement to set clear expectations.</p>
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Smoking
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While not required by Massachusetts law, it's advisable to include a smoking policy in the lease agreement to set clear expectations. |
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Security Deposit Disclosure
<p>Massachusetts law mandates that landlords may charge a security deposit not exceeding one month's rent. Upon receiving the deposit, landlords must provide a receipt indicating the amount, the date received, and the person receiving it. Additionally, within 30 days, landlords must inform tenants in writing about the bank and account number where the deposit is held</p>
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Security Deposit Disclosure
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Massachusetts law mandates that landlords may charge a security deposit not exceeding one month's rent. Upon receiving the deposit, landlords must provide a receipt indicating the amount, the date received, and the person receiving it. Additionally, within 30 days, landlords must inform tenants in writing about the bank and account number where the deposit is held |
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Flood Hazard Disclosure
<p>Massachusetts law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
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Flood Hazard Disclosure
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Massachusetts law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks. |
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Radon Disclosure
<p>Massachusetts does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
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Radon Disclosure
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Massachusetts does not require radon disclosures. However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety. |
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Bed Bugs Disclosure
<p>Massachusetts law mandates that landlords maintain rental properties free from pest infestations, including bed bugs. Upon notification of an infestation, landlords are required to promptly address the issue by hiring licensed pest control professionals. Additionally, landlords must educate tenants about bed bug prevention and control measures.</p>
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Bed Bugs Disclosure
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Massachusetts law mandates that landlords maintain rental properties free from pest infestations, including bed bugs. Upon notification of an infestation, landlords are required to promptly address the issue by hiring licensed pest control professionals. Additionally, landlords must educate tenants about bed bug prevention and control measures. |
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Addenda |
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Landlord’s Name and Address
Applicable to all Massachusetts rentals.Lead-Based Paint Disclosure
Applicable to Massachusetts rentals built before 1978.Massachusetts has one of the strictest lead laws in the U.S., requiring mandatory lead abatement for rental units occupied by children under 6 years old. The Massachusetts Lead Law** enforces landlord compliance beyond federal Title X requirements.
Landlord Requirements:
- Attach a lead-based paint disclosure form to the lease.
- Provide tenants with the EPA-approved lead safety pamphlet.
- Conduct mandatory lead inspections before renting to families with children under 6 years old.
- Complete full lead abatement or risk reduction measures if lead hazards are found.
Condition of the Premises
Guidelines for Maintaining Rental Property StandardsThe lease must document the property’s condition to protect both parties, in accordance with Massachusetts General Laws Chapter 186, § 15B. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:
- Inspect the premises before renting it out.
- Provide a written checklist of property conditions.
- Maintain compliance with state habitability laws.
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