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Massachusetts Residential Lease Agreement | PDF

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A Massachusetts residential lease agreement is a fixed-term agreement between a landlord and tenant for the use of property in return for rent. Prior to signing an agreement, a landlord may require a tenant to complete a rental application to verify their income and credit. A landlord is not allowed to charge a fee for conducting a credit check (Chapter 186, § 15B(b)), although, licensed real estate agents are permitted to charge application fees (254 CMR 7.00).

After the tenant has been approved the negotiation of rent should commence. After a verbal agreement has been made, a written agreement should be created and signed.

Table of Contents

Forms (4)


 

Standard Residential Lease Agreeement

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Greater Boston Apartment Lease Agreement

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Greater Boston Single-Family Lease Agreement

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Massachusetts Assoc. of Realtors Lease Agreement

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Security Deposit Laws

Maximum Amount ($) – The landlord may demand the tenant for an amount equaling first (1st) and last month’s rent (two (2) months total and a security deposit equal to the first month’s rent (§ 15B(1)(b)(i-ii)).

Returning – Security deposits must be returned within thirty (30) days from the date that the tenant vacated the property (§ 15B(4)).

Required Disclosures

Lead-Based Paint Disclosure – In accordance with federal law, potential tenants of any property built before 1978 must sign off on a notice that states the possible presence of lead paint.

Fire Insurance – Upon written request, the landlord must disclose the property’s fire insurance policy to the tenant within fifteen (15) days of the request (§ 21).

Inventory Checklist – A maximum of fifteen (15) days after the landlord receives a security deposit or from tenancy start date (whichever is later), the landlord must issue the tenant with a notice of the property’s current condition and, furthermore, allow the tenant to write down any additional defects (§ 15B(2)(c)).

Security Deposit Disclosure – Within thirty (30) days of accepting a security deposit, the landlord must give the tenant a notice that includes the landlord’s name, the amount of deposit, the bank location, and the account number (§ 15B(2)(a)).

Rent Grace Period

Tenants must be given a grace period of thirty (30) days to pay their rent before the landlord can apply any interest or late fees (§15B(1)(c)).

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