Massachusetts Residential Lease Agreement

1. Parties

This Residential Lease Agreement (this “Lease”) is made between [LANDLORD NAME] (“Landlord”) and [TENANT NAME(S)] (“Tenant,” whether one or more), who agree as follows.

2. Premises

Landlord leases to Tenant the residential premises located at [PROPERTY ADDRESS], in Massachusetts (the “Premises”), for residential use only. The Premises shall be occupied only by the Tenant(s) named above.

3. Term

This Lease is for a fixed term beginning [START DATE] and ending [END DATE]. At the end of the term, unless renewed in writing, the tenancy converts to month-to-month, terminable on the notice required by Massachusetts law (30 days or one rental period, whichever is longer).

4. Rent

Tenant shall pay rent of $______ per month, due in advance on the 1st of each month. Rent is considered paid when actually received by Landlord.

5. Late Charges

Rent is due on the date stated above. Any late charge, if applicable, must comply with state law.

Under Massachusetts law, late fees are limited as follows: no fee until rent is 30 days overdue; no statutory cap on the amount. Any late charge in this Lease must not exceed what the law allows.

6. Security Deposit

Tenant shall pay a security deposit of $______, which Landlord holds as security for Tenant’s performance of this Lease.

Massachusetts law limits the security deposit to: 1 month's rent (the landlord may also collect last month's rent up front); interest-bearing. After the tenancy ends, Landlord must return the deposit, less lawful deductions and with an itemized statement, within 30 days.

7. Occupancy and Use

Tenant shall use the Premises only as a private residence, shall not disturb neighbors’ peaceful enjoyment, and shall comply with all applicable laws and any reasonable written rules provided by Landlord.

8. Utilities

Tenant is responsible for the following utilities and services: Electricity, Gas, Internet/cable, Heat.

Landlord is responsible for: Water/sewer, Trash.

9. Maintenance, Repairs, and Habitability

Landlord shall maintain the Premises in a habitable condition and make repairs required by law. (Massachusetts: implied warranty of habitability (State Sanitary Code); rent withholding allowed; no statutory repair-and-deduct.)

Tenant shall keep the Premises clean and sanitary, promptly notify Landlord of needed repairs, and not damage the Premises beyond normal wear and tear.

10. Landlord’s Right of Entry

Landlord may enter the Premises for inspections, repairs, or to show the unit, after giving Tenant the notice required by Massachusetts law: must be arranged in advance (no fixed hours); emergency entry allowed. In an emergency, Landlord may enter without notice.

11. Pets

No pets are permitted without Landlord’s prior written consent. This restriction does not apply to assistance or service animals required as a reasonable accommodation under fair-housing law.

12. Smoking

Smoking is prohibited inside the Premises and the building.

13. Subletting and Assignment

Tenant shall not sublet the Premises or assign this Lease without Landlord’s prior written consent.

14. Alterations

Tenant shall not make alterations, additions, or improvements to the Premises without Landlord’s prior written consent. Any permitted alterations become part of the Premises unless agreed otherwise.

15. Required Disclosures

LEAD WARNING STATEMENT (Federal): Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly, and is particularly harmful to young children and pregnant women. Landlord must disclose the presence of any known lead-based paint and hazards, provide the EPA pamphlet “Protect Your Family From Lead in Your Home,” and Tenant must sign an acknowledgment. Landlord has no knowledge of lead-based paint or hazards on the Premises.

Statement of condition (Massachusetts): Provide a separate written statement of the unit's present condition within 10 days of tenancy/deposit.

Security deposit receipt & bank disclosure (Massachusetts): Provide a deposit receipt and, within 30 days, the bank name/location and account number of the interest-bearing deposit account.

Fire insurance information (on request) (Massachusetts): On request, disclose within 15 days the insurer, coverage amount, and loss-payee for the unit's fire insurance.

16. Default and Remedies

If Tenant fails to pay rent or otherwise breaches this Lease, Landlord may pursue all remedies allowed by Massachusetts law, including serving the required notice and, if the default is not cured, beginning eviction (unlawful-detainer) proceedings.

17. Holdover

If Tenant remains after the term ends without a new written agreement, the tenancy becomes month-to-month on the same terms, terminable on the notice required by Massachusetts law (30 days or one rental period, whichever is longer).

18. Quiet Enjoyment

So long as Tenant complies with this Lease, Tenant may peaceably and quietly enjoy the Premises.

19. General Provisions

This Lease is governed by the laws of the State of Massachusetts and is the entire agreement between the parties, superseding prior understandings. It may be amended only in a writing signed by both parties. If any provision is unenforceable, the remaining provisions remain in effect. A waiver of one breach is not a waiver of any other.