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Massachusetts residential lease agreement

As of October 26, 2026, a Massachusetts landlord can collect only first and last month’s rent, a deposit up to one month and lock costs, and must return the deposit within 30 days.1,2

The Massachusetts Attorney General advises that both landlord and tenant initial, in the margin, any handwritten change made to a lease.1

Under Massachusetts General Laws chapter 183, section 4, a lease for more than seven years is not valid against people without actual notice of it unless it is recorded in the registry of deeds.3

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Residential Lease Agreement

State of Massachusetts

  1. 1. Parties and property

    This Residential Lease Agreement (the “Lease”) is made on Date between Landlord (the “Landlord”) and Tenant (the “Tenant”). The Landlord rents to the Tenant the home at Address (the “Property”).

  2. 2. Term

    This Lease begins on Start date and ends on End date (the “Term”).

  3. 3. Rent

  4. 4. Security deposit

  5. 5. Utilities and services

  6. 6. Use of the Property

  7. 7. Pets

  8. 8. Smoking

  9. 9. Maintenance and repairs

  10. 10. Entry by the Landlord

  11. 11. Assignment and subletting

  12. 12. Moving out

  13. 13. Default

  14. 14. Notices

  15. 15. General terms

  16. 16. Signatures

Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.

Massachusetts’ rules, with sources

State form
  • A Massachusetts lease must give the name, address and phone number of the owner, of the person responsible for maintenance and of the person who receives formal notices and court papers.1
  • When a Massachusetts landlord takes a security deposit, the lease must show the amount paid and explain the tenant’s rights to that money.1
  • The Massachusetts Attorney General lists as illegal any lease term making the tenant pay for ordinary wear and tear or have the apartment professionally cleaned at the end of the lease.1
  • Under chapter 186, section 15B, a Massachusetts lease may not let the landlord enter before the lease ends except to inspect, make repairs or show the home.2
Signing
  • The Massachusetts Attorney General advises that both landlord and tenant initial, in the margin, any handwritten change made to a lease.1
  • A Massachusetts landlord must make sure the tenant receives a legible copy of the lease or rental agreement.1
  • The receipt a Massachusetts landlord gives for a security deposit must be signed by the person who received the money.2
  • For a Massachusetts rental built before 1978, landlord and tenant must sign and keep a copy of the Tenant Lead Law Notification and Tenant Certification.1
Deadlines
  • Under Massachusetts General Laws chapter 186, section 12, either party may end a tenancy at will with three months’ written notice.4
  • When rent is paid at intervals shorter than three months, Massachusetts accepts notice equal to the interval between rent days or thirty days, whichever is longer.4
  • The Massachusetts Attorney General explains that with monthly rent, either side ends a tenancy at will with notice of 30 days or one month before the next rent due date, whichever is longer.1
  • For unpaid rent, a written 14-day notice to quit from the landlord is enough to end a Massachusetts tenancy at will.4
  • A qualifying Massachusetts tenant at will keeps the tenancy by paying or tendering the full rent due within 10 days after receiving a nonpayment notice.4
  • The Massachusetts Attorney General says the landlord should give a statement of condition within 10 days of the start of the tenancy or of receiving the deposit, whichever is later.1
  • A Massachusetts tenant has 15 days to add to or correct the landlord’s statement of condition.1
  • Within 30 days after receiving a security deposit, a Massachusetts landlord must give a receipt naming the bank, its location, the amount and the account number.2
  • Massachusetts General Laws chapter 186, section 15B gives the landlord 30 days after the tenancy ends to return the security deposit or its balance.2
  • A Massachusetts landlord who deducts for damage must give, within those 30 days, an itemized list of damages sworn under the pains and penalties of perjury.2
  • When a Massachusetts rental property is sold, the new landlord must notify the tenants in writing within 45 days of receiving the deposit and last month’s rent.5
Where it is filed
  • Under Massachusetts General Laws chapter 183, section 4, a lease for more than seven years is not valid against people without actual notice of it unless it is recorded in the registry of deeds.3
  • For a long Massachusetts lease, a notice of lease can be recorded in the registry of deeds for the county or district where the land lies, in place of the full lease.3
  • A Massachusetts notice of lease must give the date the lease was signed, the premises, the term with its start date and all extension or renewal rights.3
  • A Massachusetts landlord must keep the security deposit records for each unit for two years after the tenancy ends.2
Taxes and fees
  • Massachusetts allows a landlord to collect the first and last month’s rent, a security deposit equal to one month’s rent and the cost of a lock and key.5
  • The Massachusetts Attorney General says landlords may not charge up-front pet fees, broker fees or application fees at the start of a tenancy.1
  • Since August 1, 2025, Massachusetts law bars brokers who mainly serve the landlord from charging fees to tenants.1
  • A Massachusetts lease cannot charge interest or a penalty for late rent until the rent is 30 days overdue.2
  • A Massachusetts tenant who stays at least one year earns 5 percent interest on the security deposit, or the lower rate the bank paid.5
  • Interest on last month’s rent paid in advance is owed in Massachusetts even if the tenant stays less than a year, at 5 percent when the money is not in a bank.5
  • A Massachusetts security deposit cannot be applied as the last month’s rent unless the landlord and tenant both agree.5
Law
  • Massachusetts requires a security deposit to be held in a separate, interest-bearing account in a bank located in the state, out of reach of the landlord’s creditors.2
  • Massachusetts lets a tenant recover three times the security deposit owed, with interest, court costs and reasonable attorney’s fees, for the landlord violations the deposit law lists.5
  • Any lease clause that conflicts with Massachusetts General Laws chapter 186, section 15B, and any tenant waiver of it, is void and unenforceable.2
  • The Massachusetts deposit rules of section 15B leave out vacation or recreational rentals of 100 days or less.2
  • A Massachusetts landlord cannot evict by removing the tenant or the tenant’s belongings or by changing the locks.1
  • In Massachusetts, certain landlord actions taken within six months after a tenant’s protected activity are presumed to be retaliation.1

Questions about a Massachusetts lease

What must a Massachusetts lease include, and what can it not say?

The names, addresses and phone numbers of the owner, of whoever handles maintenance and of whoever receives formal notices and court papers, plus the deposit amount and the tenant’s rights to it when a deposit is taken. The tenant gets a legible copy.

The Attorney General lists illegal terms, among them charging the tenant for ordinary wear and tear, requiring professional cleaning at move-out and late fees before rent is 30 days late. A clause that conflicts with the deposit law in chapter 186, section 15B is void, and so is any waiver of it.1,2

What can a Massachusetts landlord collect before move-in?

Four things at most: the first month’s rent, the last month’s rent at the same rate, a security deposit no larger than the first month’s rent, and the cost of a new lock and key. Up-front pet, application and broker fees are off the table.

Since August 1, 2025, a broker who mainly works for the landlord cannot charge the tenant a fee. Last month’s rent earns interest for the tenant from the first day, and a deposit held for a year or more earns 5 percent, or the bank’s lower rate.1,2,5

How must a Massachusetts landlord handle the security deposit?

It goes into a separate, interest-bearing account in a Massachusetts bank, out of reach of the landlord’s creditors, and within 30 days the tenant gets a receipt with the bank’s name and location, the amount and the account number. A signed statement of the apartment’s condition follows within 10 days of move-in or of the deposit, whichever is later, and the tenant has 15 days to add to it.

After the tenancy ends, the landlord has 30 days to return the deposit with interest, minus unpaid rent or water charges, a valid tax escalation share, or damage beyond reasonable wear and tear backed by a sworn, itemized list. Some violations, such as missing the 30-day return, can cost the landlord three times the deposit, plus court costs and attorney’s fees.1,2,5

How much notice ends a Massachusetts tenancy at will?

Chapter 186, section 12 sets three months’ written notice, shortened when rent is paid more often: then notice equal to the interval between rent days or 30 days, whichever is longer, is enough. For monthly rent, the Attorney General reads it as 30 days or one month before the next due date, whichever is longer.

Unpaid rent is different: 14 days’ written notice to quit. A tenant who had no such notice in the previous 12 months can stop the termination by paying the full rent due within 10 days of receiving it, and the notice must say so.1,4

What gets signed or recorded in a Massachusetts rental?

Both sides initial any handwritten change in the margin. The deposit receipt is signed by whoever took the money, and in homes built before 1978 landlord and tenant sign the Tenant Lead Law Notification and Tenant Certification.

Recording matters for long leases: under chapter 183, section 4, a lease for more than seven years is valid against people without actual notice of it only once recorded in the registry of deeds, in full or as a notice of lease signed by all parties.1–3

What to have at hand

  • Property address and what is included (parking, storage, appliances)
  • Start date, end date or month-to-month term
  • Monthly rent, due date and security deposit amount
  • Rules on pets, smoking, repairs and utilities

It is not a roommate agreement between tenants, and it is not a commercial lease for a store or office.

Frequently asked questions

When can a Massachusetts landlord charge a late fee?

Only after the rent is 30 days overdue. Chapter 186, section 15B bars any lease from imposing interest or a penalty for late rent before then, and the Attorney General lists an earlier late fee among illegal lease terms.1,2

Can a Massachusetts tenant use the security deposit as the last month’s rent?

Only if the landlord agrees. The deposit and the last month’s rent are separate prepayments, and neither can be switched to another use without both sides’ consent.5

What happens to the deposit when a Massachusetts rental is sold?

The seller must pass the deposit and last month’s rent, with interest, to the new owner, who has 45 days to tell the tenants in writing. If the old landlord fails to transfer it, the new landlord still owes the tenant and can settle it with free rent for an equal period.2,5

Where this information comes from

Massachusetts’ rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.

  1. The Attorney General’s Guide to Landlord and Tenant Rights (Massachusetts Attorney General) mass.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  2. Massachusetts General Laws, Chapter 186, Section 15B: payments, receipts, interest, records, security deposits malegislature.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  3. Massachusetts General Laws, Chapter 183, Section 4: Effect of recordation or actual notice of deeds or leases malegislature.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  4. Massachusetts General Laws, Chapter 186, Section 12: Notice to determine estate at will malegislature.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩
  5. Security deposits and last month’s rent (Massachusetts Executive Office of Housing and Livable Communities) mass.gov · checked Oct 26, 2026 Open the official page (opens in a new tab) ↩

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