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Massachusetts Rental Lease Agreements | Residential & Commercial

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Massachusetts lease agreements, in accordance with Chapter 186 (Estates for years and at will), are written contracts for the renting of real estate between a landlord and tenant. The contract is legally binding after it is signed with the role of the lessee to occupy and make payment to the lessor every month. The landlord will typically require a credit check to verify that the tenant is able to afford payment and check with any references provided.

Rental Application – Verification form to be used by a lessor when screening any potential lessee for the premises.

Agreements

Association of Realtors Residential Lease Agreement – For all rental arrangements with a fixed beginning and end date.

Commercial Lease Agreement – For the purpose of any type of business available to be located in office, retail, or industrial space.

Greater Boston Residential Lease Agreement – Specifically for any type of unit located in the Greater Boston area.

Lease with Option to Purchase (Lease to Own) Agreement – Standard contract with the option to buy the premises.

Month to Month Rental Agreement – A residential contract with no end date and may be terminated at anytime within thirty (30) days’ notice per Chapter 186, Section 12.

Room Rental (Roommate) Agreement – For the shared living situation of roommates within a single unit. The City of Boston allows for a maximum of four (4) individuals to occupy a single housing unit.

Standard Residential Lease Agreement – Fixed term rental arrangement. For any residential housing such as an apartment, condominium, house, or any other type.

Sublease Agreement – For a tenant to seek another individual to occupy the space they have under lease for a portion or the remainder of the term.

Termination Lease Letter (Chapter 186, Section 12) – To end a month to month arrangement either the landlord or tenant must give the other thirty (30) days’ notice.

Disclosures

Fire Insurance (Chapter 186, Section 21) – Landlord must disclose the terms and conditions of the fire insurance on the property within fifteen (15) days of commencement.

Inventory Checklist (Chapter 186, Section 15B) – Within ten (10) days of either receiving the security deposit or the date of commencement, whichever is later, the landlord must issue a checklist that allows the tenant to write down any and all repairs needed or defects on the premises.

Lead-Based Paint – A federal law that requires all landlords to disclose to their tenants, only if the residence was constructed prior to 1978, that the existence of lead paint may be in the property.

Security Deposit Disclosure (Chapter 186, Section 15B) – When accepting the funds the individual must write their name, amount of deposit, bank location, and the account number within thirty (30) days.

Access

The landlord is only required, under the Sanitary Code (410.810), to grant reasonable notice before entering the property for any repair reason. Any other reason for entering the premises is not required, although recommended, to give notice to the tenant.

Security Deposits

Maximum (Chapter 186, Section 15B) – The landlord may only ask for one (1) month’s rent.

Returning (Chapter 186, Section 15B) – The landlord must give back the deposit within thirty (30) days after the tenant has vacated the property. The deposit must include accrued interest at a minimum of five percent (5%) or at the rate the bank gives in the State of Massachusetts.

Laws


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