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Massachusetts Standard Residential Lease Agreement

A Massachusetts standard residential lease agreement describes an arrangement between a landlord and a tenant regarding the rental of a property. Typically, the agreement applies to a fixed term of one year.
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Rental Application – Used by landlords to ascertain whether a tenant will be reliably able to pay rent.

Required Disclosures (5)

  1. Fire Insurance – Landlords are required to make tenants aware of their fire insurance coverage.[1]
  2. Inventory Checklist – Tenants must be provided with an inventory checklist containing 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.”[2]
  3. Lead-Based Paint Disclosure & EPA Pamphlet – If the property was built before 1978, landlords must disclose the possibility of the presence of lead-based paint on the premises.
  4. Security Deposit Receipt – A receipt must be provided when a security deposit is collected.[3]
  5. Follow-up Deposit Statement – A landlord must disclose the name and location of the bank where a tenant’s security deposit is being held, as well as the specific account number.[4]

Security Deposit Laws

Maximum Amount – The equivalent of a month’s rent.[5]

Returning – A security deposit must be returned within 30 days after a tenant moves out.[6]

Rent Payment Laws

Grace Period – 30 days.[7]

Maximum Late Fee – None.

NSF Fee – A landlord is permitted to charge a penalty of up to 1% for a bounced check of $2,500 or more and $25 for checks under $2,500.[8]