TurboTenant’s Massachusetts lease agreement has been written and reviewed by Massachusetts lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the Massachusetts Lease Agreement.
The Massachusetts lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with Massachusetts law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example Massachusetts Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to Massachusetts
Section 2 includes language that is specific to Massachusetts. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the Due Date. If Rent is not received on or before the thirtieth (30th) day of each month, a late fee of five percent (5%) of the unpaid Rent amount will be charged. All late fees shall be deemed additional rent for the month, and shall be paid and collected as such. Late fees will be assessed from the Due Date until the entire balance of unpaid Rent, accrued late fees, and any other charges are paid in full.
Security Deposit Provisions - Section 2.4
Security deposits requirements may vary quite a bit from state to state. In Massachusetts:
Security deposit shall be in the amount of one month’s rent.
You are required to pay interest of 5% (or a lesser amount as provided by your bank) on the security deposit to the tenant, which is to be disbursed annually. If last month’s rent is collected at time of Lease start, the same rules apply.
If you are collecting a security deposit before or at move-in, you must present the Tenant with a written statement on the condition of the property. Tenant, within 15 days after move-in, must sign, return and notate on such form any damage or defects to the leased premises
Security deposit returns in Massachusetts also have some unique rules:
Landlord shall return the security deposit, within 30 days of taking possession, along with any accrued interest.
Condition of Premises - Section 2.6
As noted above in Security Deposits,
If a security deposit has been collected, Landlord must fill out and provide to Tenant at time of commencement of Lease, a Property Condition Report (or like-titled document) noting any defects or damages to the Premises.
Tenant has 15 days to sign and return said Property Condition Report to Landlord, noting any additional defects or damages.
Notification of Building Problems or Repairs Needed - Section 2.7
An additional clause has been added stating Landlord will pay for repairs or conditions that materially affect the health or safety of an ordinary resident (i.e., dangerous or hazardous conditions) in accordance with the State Sanitary Code 105 CMR 410.00.
Fair Housing - Section 2.10
Civil rights laws of the United States and Massachusetts prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Choice of Law - 3.11
The rental agreement will be governed and construed in accordance to Massachusetts' own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the Massachusetts Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement
We wanted our lease agreement to handle the majority of use cases for landlords in Massachusetts. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.