Massachusetts Residential Lease Agreement
A Massachusetts residential lease caps the security deposit at one month's rent, due back in 30 days. Create a free lease. Attorney review available.
Introduction
A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms under which the tenant rents the landlord's residential property: the rent amount, the term, the security deposit, each party's responsibilities, and how the tenancy ends. In Massachusetts this relationship is governed mainly by M.G.L. c.186 Section 15B, which caps the security deposit at one month's rent and requires the landlord (the lessor) to return it, or an itemized accounting of what was kept, within 30 days after the tenancy ends. If the lessor holds the deposit for a year or longer, Massachusetts requires 5 percent annual interest, paid into a separate interest-bearing bank account located in the commonwealth. A landlord who accepts a deposit must also give the tenant a written statement of the premises' condition, at the time of the deposit or within 10 days of move-in, whichever is later. Required disclosures include the federal lead-based paint disclosure and, for housing built before 1978, the Massachusetts Tenant Lead Law Notification and Tenant Certification. The lease must also name the owner or maintenance agent, with an address and phone number, for repairs and notices. Massachusetts law does not set a fixed notice-hours rule for entry, but a landlord may enter only to inspect, repair, or show the unit, arranged with the tenant in advance, and may not otherwise enter before the lease ends except in an emergency, apparent abandonment, or under a court order. Attorney review is available as an option before you sign.
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Key Things to Know
- 1
A residential lease agreement is a binding contract that sets the terms a tenant rents a landlord's property under: rent, term, deposit, each side's duties, and how the tenancy ends.
- 2
The security deposit is capped at one month's rent, and the lessor must return it, or an itemized list of deductions, within 30 days after the tenancy ends (M.G.L. c.186 s.15B).
- 3
Required disclosures include the federal lead-based paint pamphlet (pre-1978 housing), the Massachusetts Tenant Lead Law Notification for pre-1978 units, a written statement of condition, a deposit receipt naming the bank and account, and the owner or maintenance agent's contact information.
- 4
Massachusetts sets no fixed notice-hours rule for entry. The lessor may enter only to inspect, make repairs, or show the unit, arranged with the tenant in advance; otherwise entry before the lease ends is limited to an emergency, apparent abandonment, or a court order.
- 5
There is no dollar or percentage cap on a late fee itself, but a landlord may not charge any late fee or interest until rent is 30 days overdue, a grace period built into M.G.L. c.186 s.15B.
- 6
For a tenancy-at-will, either side ends or changes the tenancy (including a rent increase) with notice of 30 days or one full rental period before the next rent due date, whichever is longer.
- 7
Massachusetts has no statewide rent-control or just-cause-eviction regime. The Massachusetts Rent Control Prohibition Act, M.G.L. c.40P, bars local rent control statewide.
Key decisions before you file
Before you file a Residential Lease Agreement in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.
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Massachusetts Requirements for Residential Lease Agreement
Security Deposit Cap, Return Deadline, and Interest
A Massachusetts security deposit cannot exceed one month's rent. The lessor must hold it in a separate interest-bearing bank account located in Massachusetts and, if held one year or longer, pay 5 percent annual interest. The deposit, or an itemized accounting of what was kept, is due back within 30 days after the tenancy ends (M.G.L. c.186 Section 15B).
Statement of Condition
Any landlord who accepts a security deposit must give the tenant a separate written statement of the premises' present condition, provided at the time the deposit is received or within 10 days of the start of the tenancy, whichever is later (M.G.L. c.186 Section 15B(2)(c)).
Deposit Receipt and Bank Disclosure
Within 30 days after receiving a security deposit, the landlord must give the tenant a receipt showing the name and location of the bank holding the deposit and the amount and account number (M.G.L. c.186 Section 15B(2)(b), (3)(a)).
Lead Paint Disclosures for Pre-1978 Housing
For rental property built before 1978, the landlord and tenant must sign and keep the federal lead-based paint disclosure (42 U.S.C. Section 4852d) and the Massachusetts Tenant Lead Law Notification and Tenant Certification (M.G.L. c.111 Section 197A), which also requires disclosing any known lead inspection or risk-assessment records.
Owner or Maintenance Agent Contact Information
The rental agreement must state the name, address, and phone number of the owner, the person responsible for maintenance, and the person to whom the tenant can send formal notices, complaints, or court papers.
Entry Notice Rule
Massachusetts sets no fixed notice-hours rule, but a lease cannot let the landlord enter before it ends except to inspect, make repairs, or show the unit, arranged with the tenant in advance. Entry is otherwise limited to a court order, apparent abandonment of the unit, or an emergency (M.G.L. c.186 Section 15B).
Late Fee 30-Day Grace Period
No lease may impose a late fee or interest for unpaid rent until the rent is 30 days overdue. There is no separate statutory cap on the amount of a late fee itself, only on when it may begin to apply (M.G.L. c.186 Section 15B).
Termination Notice, Rent-Increase Notice, and No Statewide Rent Control
For a tenancy-at-will, either party ends the tenancy, and any rent increase takes effect, with notice of 30 days or one full rental period before the next rent due date, whichever is longer. Massachusetts has no statewide rent-control or just-cause-eviction regime; the Rent Control Prohibition Act (M.G.L. c.40P) bars local rent control statewide.