Types (6)
Commercial (PDF)
A contract between a landlord and a business for the use of office, retail, warehouse, or other commercially-zoned property for a set term.
Lease-to-Own (PDF)
A rental contract with a built-in purchase option, allowing the tenant to apply a portion of each rent payment toward buying the property.
Month-to-Month
A flexible tenancy with no fixed end date that continues until either party provides at least 30 days’ written notice or a full rental period, whichever is longer.
Roommate (PDF)
Created by co-tenants to clarify rules for cleaning, utilities, guests, noise, and other shared living responsibilities in a rental unit.
Standard (Residential)
The standard fixed-term lease for renting residential property in Massachusetts, typically lasting 1 year and governed by MGL Chapter 186.
Sublease (PDF)
An agreement between the original tenant and a new occupant that transfers the right to use the rental space for the remainder of the lease term.
Renting in Massachusetts
| Most Common Rental Type | Apartments |
| Average Rent | $1,848/mo |
| Households That Rent | 37.6% |
| Average Renter Household Size | 2.1 |
| Rental Vacancy Rate | 3.2% |
Source: U.S. Census Bureau, American Community Survey (2024)[5] & Housing Vacancy Survey (2024)[6]
What is a Massachusetts Lease Agreement?
A Massachusetts lease agreement is a contract that memorializes the terms of a rental between a property owner and a tenant. It serves as the binding reference for both sides throughout the tenancy.
Massachusetts requires landlords to hold all security deposits in separate, interest-bearing accounts at Massachusetts banks and to pay accrued interest to tenants annually. The state also provides strong protections against retaliatory eviction and prohibits landlords from charging application fees beyond the cost of a background check. Prospective tenants should be screened with a rental application.
State Laws & Guides
Laws: MGL Ch. 186 – Estates for Years and at Will | 940 CMR 3.00 – Rental Regulations
Guides:
When is Rent Due?
Massachusetts does not specify a default rent due date. The lease determines when rent is due. Landlords must wait at least 30 days after the due date before charging a late fee.[1] Late fee amounts are not capped by statute but must be reasonable.
Landlord’s Access
Emergency: Landlords may enter without notice in an emergency that threatens the building or other units.
Non-Emergency: While no specific notice period is set by statute, landlords are expected to provide reasonable notice before entering at reasonable times. 24 hours is the recommended standard. Leases may not grant the landlord unrestricted access to the unit.[1]
Landlord’s Duties
Under Massachusetts law, landlords must:[2]
- Habitability: Maintain the dwelling in a condition fit for human habitation.
- Building Codes: Comply with all applicable building, sanitary, and housing codes.
- Repairs: Make all necessary repairs to keep the unit safe and habitable.
- Common Areas: Keep shared spaces clean and in a safe condition.
- Systems: Maintain all electrical, plumbing, heating, and sanitary systems in good working order.
- Water Supply: Supply adequate hot and cold water and heat (from September 15 to June 15).
- Pest Control: Maintain the unit free from rodent, cockroach, and insect infestations.
Tenant’s Duties
Tenants must comply with the following:[2]
- Building Codes: Comply with all applicable building, sanitary, and housing codes.
- Cleanliness: Keep the rental unit clean and sanitary.
- Trash: Dispose of garbage in a safe and sanitary manner.
- Plumbing: Keep all plumbing fixtures as clean as their condition permits.
- Appliances & Systems: Use all facilities and appliances in the manner they are intended.
- Property Care: Do not damage or deface any part of the premises.
- Quiet Enjoyment: Do not disturb other tenants’ peaceful enjoyment of the premises.
Required Disclosures
Condition Statement (§ 15B(2)(c)): At the start of the tenancy, the landlord must provide a written statement describing the present condition of the unit, including any pre-existing damage. The tenant has 15 days to add to the statement.[1]
Security Deposit Bank Details (§ 15B): Within 30 days of receiving a security deposit, the landlord must provide a receipt showing the bank name, location, account number, and deposit amount.[1]
Fire Insurance (§ 21): Upon written request, the landlord must disclose within 15 days the name of the insurer, the amount of fire insurance coverage, and the person who would receive payment.[3]
Lead-Based Paint: Required under federal law for all dwellings built before 1978. The landlord must disclose known lead hazards and provide the EPA information pamphlet.[4]
Security Deposits
Maximum Amount: The security deposit cannot exceed 1 month’s rent.[1]
Holding Requirements: The deposit must be placed in a Massachusetts bank account. The landlord must provide the tenant with a receipt showing the bank name, location, account number, and deposit amount within 30 days.[1]
Returning to Tenant: The deposit must be returned within 30 days after the tenant vacates. If any portion is withheld, the landlord must provide an itemized list of damages with sworn statements.[1]
Deposit Interest: For tenancies lasting longer than 1 year, the landlord must pay interest at 5% per year or the actual rate earned by the bank, whichever is less.[1]
Uses of the Deposit: Landlords may deduct for:[1]
- Unpaid rent
- Unpaid tax increases attributed to the tenant
- Damage to the premises beyond normal wear and tear
- Unpaid water charges (if applicable)
- MGL Ch. 186, § 15B – Security Deposits; Receipts; Interest; Last Month’s Rent
- 940 CMR 3.00 – Unfair and Deceptive Practices in Rental
- MGL Ch. 186, § 21 – Fire Insurance Disclosure
- 42 U.S.C. § 4852d – Lead-Based Paint Disclosure (EPA)
- U.S. Census Bureau, American Community Survey 2024 1-Year Estimates
- U.S. Census Bureau, Housing Vacancies and Homeownership Survey (2024)