Massachusetts Lease Agreement

A Massachusetts lease agreement is a written contract between a landlord (or property manager) and a tenant that explains all the important rental terms—such as rent amount, due date, lease length, and maintenance responsibilities.

To be legally valid, the lease must follow Massachusetts' Landlord-Tenant laws (Mass. Gen. Laws Chapter 186 § 15B). This law protects both landlords and tenants by defining their rights and obligations.

Landlords and property managers in Massachusetts commonly use a few different types of leases:

• Fixed-Term Lease: Runs for a specific period (for example, 12 months). Rent and terms stay the same until the lease ends.
• Month-to-Month Rental Agreement: Automatically renews every month until either party gives at least 30 days’ written notice to terminate or modify the lease.
• Sublease Agreement: Allows an existing tenant to rent out the property to another person (a “subtenant”) — but only with the landlord’s written approval.
• Commercial Lease: Used for business properties like offices or storefronts (governed by separate commercial leasing laws).

To make a Massachusetts lease agreement legally compliant, be sure to include the following details:

• Tenant and Landlord Names: Full legal names of everyone involved.
• Property Address: Full legal address and unit details.
• Lease Term: Start and end dates, along with renewal or termination terms.
• Rent Details: Monthly rent amount, due date, payment methods, and late fee policies.
• Security Deposit Terms:
  • The security-deposit amount, which cannot exceed one month’s rent.
  • The landlord must pay interest on the deposit and return it within 30 days of move-out with an itemized deduction list.
• Massachusetts Required Disclosures:
  • Lead-based paint disclosures (for properties built before 1978).
• Signatures of both parties: Both landlord and tenant must sign and date the lease.

The main difference is the duration, flexibility, and legal obligations under Massachusetts law:

• Lease Agreement: Usually covers a fixed term (for example, one year). Rent and terms can’t change until the lease ends, unless both sides agree in writing.
• Rental Agreement (Month-to-Month): Typically runs month-to-month and renews automatically. Either party can end it with 30 days’ written notice, and landlords can adjust terms for the next month with proper notice.

No, under Massachusetts' Landlord-Tenant laws (Mass. Gen. Laws Chapter 186 § 15B), a landlord cannot increase rent during a fixed-term lease unless the lease specifically allows it.

For month-to-month leases, landlords may raise rent or change other terms, but must give the tenant at least 30 days’ written notice before the next rental period begins.

If a tenant ends their lease early in Massachusetts, they may still be financially responsible for paying rent until the lease term ends or until the landlord finds a new tenant.

Under Massachusetts' Landlord-Tenant laws (Mass. Gen. Laws Chapter 186 § 15B), landlords must make reasonable efforts to re-rent the property to reduce financial loss—this is called “mitigating damages.”

In Massachusetts, lease renewal or termination depends on the type of tenancy:

Fixed-Term Lease:

• Ends automatically on the stated end date unless both parties agree to renew.
• Renewals should always be in writing, either through a new lease or a signed addendum.
• A tenant or landlord cannot terminate a fixed-term lease early without mutual consent unless there is a legal reason (Mass. Gen. Laws Chapter 186 § 23 to § 29).

Month-to-Month Lease:

• Automatically renews each month until someone gives proper notice.
• Either landlord or tenant can end the agreement with 30 days’ written notice before the next rental period begins.

Yes, a Massachusetts lease agreement can be modified after signing, but only if both the landlord and tenant agree in writing.

Any changes should be added as a lease addendum that clearly describes what is being modified (for example, a rent change, pet policy, or added occupant). Both parties must sign and date the addendum to make it legally binding and must comply with Massachusetts' Landlord-Tenant laws (Mass. Gen. Laws Chapter 186 § 15B).