Massachusetts Rental Lease Agreement Templates (7)

1.) Identification of the Landlord or Authorized Personnel (Massachusetts Guide to Landlord/Tenant Rights) – Any enforceable lease agreement is mandated to issue the names and addresses of the owner(s) and management for a property within the document.
2.) Move-in Checklist (§ 186-15B) – Any residence that is rented with the requirement of a security deposit mandates the landlord to furnish a listing of the current property condition. The itemized account must be sent to the tenant within ten (10) days of lease commencement. The written register of the damages or defects must include the following language:

”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.”

3.) Receipt of Security Deposit (§ 186-15B) – A landlord is obligated to supply the tenant with a recorded document confirming the remitted payment as the security deposit.

4.) Fire Insurance Information (§ 186-21) – Any tenant requesting details on the property’s fire insurance policy will require the landlord to deliver the specifics to the tenant. Lawfully, the owner must supply the information within fifteen (15) days of a request.

5.) Lead-Based Paint (42 U.S. Code § 4852d) – Information on the possibility of coming in contact with hazardous lead-based paint must be available to the tenant within the leasing paperwork.

Grace Period: Massachusetts does not grant a grace period (unless in the lease); therefore, rent is late if the landlord does not receive it when due.

Unpaid Rent: Landlords use a 14-day notice to quit in response to unpaid rent, especially when the tenant expresses that no payment is forthcoming. (M.G.L. c. 186, § 15B(1)(c))

Landlords impose a late fee as per the lease; however, they must wait at least 30 days from the due date to apply it. (M.G.L. c. 186, § 15B).

Landlords send a 30-day notice to submit proper payment; however, if the tenant fails, they may be liable for not only the check amount but also court-determined damages, up to $500 (M.G.L. c. 93, § 40A).

A lease may not require more than one month’s rent while the landlord holds the obligation of dispensing a receipt (§ 186-15B).

Returning to the Tenant: Massachusetts gives landlords not more than 30 days to return the security once the lease terminates. (M.G.L. c. 186, § 15B).

Itemized List: Massachusetts explicitly requires landlords to provide a full list of deductions from the security deposit in writing and “under pains and penalties of perjury.” (M.G.L. c. 186, § 15B)

Massachusetts specifically declares it is “unfair and deceptive” for landlords to enter the premises for any reason other than:

• Repairs
• Inspections
• Showings
• Court order compliance
• Belief of abandonment.(940 CMR, § 3.17)

Emergency Entry: Landlords are permitted to enter without notice to effect emergency repairs (105 CMR, § 410.003).

Massachusetts allows landlords to investigate the premises upon a reasonable belief of abandonment; however, they must seek court guidance and may not institute self-help methods (e.g., lockouts). (M.G.L. c. 186, § 15B)

Tenants must obtain an inspector certificate from the appropriate agency (e.g., Board of Health) stating there is a fitness or health violation; however, with this documentation, the tenant may:

• Issue a written notice to start the repairs within 5 days of receipt
• Demand through the notice that repairs are significantly completed within 14 days of beginning
• Use up to 4 months’ rent (generally in a 12-month period) to complete the repair whenever landlord effort fails (Gen. Laws ch. 111, § 127L).

Duty to Mitigate: Landlords should live up to standard mitigation efforts, especially if they wish to collect damages from the tenant (Shoreh Karaa v Kuk Yim, 86 Mass. App. Ct. 714 (2014)).
Domestic Violence: Tenants submit a written notice to terminate so long as:

• Notice occurs within 3 months of the last incident
• The tenant has a reasonable fear of imminent harm
• The tenant supplies proof upon landlord request (e.g., protection order)
• The tenant pays the remaining rent; however, it cannot exceed 30 days or 1 rental period (whichever is greater).

Active Military: Those serving in the military may cancel their lease whenever they deploy for duty, return for duty, or are reassigned.
Landlord’s Noncompliance: Tenants may seek court relief and can terminate the lease if landlords significantly prevent the tenant’s right to use or quiet enjoyment and refuse to cure, even upon receiving notice appropriate to the situation. (371 Mass. 714 (1977) Blackett v. Olanoff, M.G.L. c. 186, § 14)
Landlord’s Harassment: Tenants may terminate by leaving the premises (e.g., constructive eviction) if:

• The landlord ignores a notice to cease the action
• The landlord does not obey court orders after the tenant seeks relief
• Harassment is ongoing and severe (M.G.L. c. 186, § 14, 940 CMR 3.17(6)(e),  371 Mass. 714 (1977) Blackett v. Olanoff).

Massachusetts recognizes an oral lease; however, it an at-will lease and must be in writing after 7 years in order to protect against third parties (M.G.L. c. 183, § 3).

Massachusetts does not generally allow rent control (M.G.L. c. 40P, § 4).

Regardless of whether a tenant abandons, the landlord should follow court orders; for example, in the case of an eviction, the officer of the court will remove the unclaimed property. (M.G.L. c. 186, § 15B, M.G.L. c. 186, § 14 , M.G.L. c. 239, § 4)

Review the Commonwealth of Massachusetts – Chapter 186 on Estates for Years and at Will/Landlord-Tenant Relationships. The covered legislature within the state’s online database provides an educational library of the legalities involving leased properties, and the rights of the owner and tenant.