Unlike a rental application, a Massachusetts lease agreement is a legal contract outlining the terms and conditions for tenancy in the state of Massachusetts. It establishes the rights and responsibilities of landlord and tenant, ensuring a smooth and easy real estate rental process.
The most commonly used Massachusetts lease agreement is the Standard Form of Lease. This document covers essential details such as rent amount, lease duration, security deposit, maintenance responsibilities, property managers, and other crucial provisions.
To write a Massachusetts lease agreement, follow these steps:
If the property was built pre-1978, federal law requires landlords to disclose the presence of lead-based paint hazards. An EPA-approved pamphlet on lead hazards should be provided.
Rental units must also include working smoke detectors and carbon monoxide detectors, with tenants told where they are.
In Massachusetts, landlords can request a security deposit from tenants, subject to certain regulations.
The security deposit can’t exceed the amount of the first month's rent.
Landlords must also provide a comprehensive report on the condition of the premises. Tenants have the right to dispute this report if necessary.
The landlord must hold the deposit in a separate, interest-bearing account and provide the tenant with the account details.
The landlord must pay interest on the security deposit annually or upon lease termination, at a rate determined by the state.
Within 30 days after lease termination, the landlord must return the security deposit, minus any deductions for unpaid rent or damages.
In Massachusetts, landlords can only increase the rent during a lease term if there is a provision in the lease agreement allowing for such increases. Otherwise, the rent can only be increased once the lease term expires. Landlords must provide 30 days' notice for month-to-month tenancies.
Yes, Massachusetts allows landlords to charge reasonable late fees if the tenant fails to pay rent on time. The specific late fee amount and grace period must be stated in the terms of the lease.
Generally, a landlord in Massachusetts must provide the renter with at least 24 hours' notice before entering the rental property. However, there are exceptions in cases of emergencies or when the tenant consents to the entry.
Tenants can break a Massachusetts residential lease agreement under certain circumstances, such as active military duty, domestic violence situations, or if the rental unit becomes uninhabitable due to serious repairs not being made.
If tenants have a dispute with their property owner in Massachusetts, they should seek legal advice. Alternatively, they can contact the Massachusetts Office of Consumer Affairs and Business Regulation for assistance.
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