Massachusetts Lease Agreement Template

This Lease Agreement (hereinafter referred to as the “Agreement”) is made on (enter the date), by and between:

​[Landlord.FirstName]​

​[Landlord.LastName] (hereinafter referred to as "Landlord") and

​[Tenant.FirstName]​

​[Tenant.LastName] (hereinafter referred to as "Tenant").

HEREINAFTER, the Tenant agrees to lease the Premises from the Landlord under the following terms and conditions:

Property

Landlord hereby leases the property located at (insert property address) to the Tenant (the “Premises”). Residence type: (insert type of residence)

Bedroom(s): (insert the number of bedrooms)

Bathroom(s): (insert the number of bathrooms).

Lease Term

This lease is a: (check one)

Fixed lease. The Tenant shall be allowed to occupy the Premises starting on (insert the lease start date) and ending on (insert the lease end date) (the “Lease Term”).

Month-to-month. The Tenant shall be allowed to occupy the Premises starting on (insert lease starting date) on a month-to-month basis. If either party wishes to terminate the agreement, they can do so by providing written notice at least (enter the number of days) days before vacating. All terms in this agreement will stand for the notice period and the Tenant will still be responsible for any rent payments during this period.

At the end of the Lease Term, the Tenant: (check one)

Can remain on the Premises and continue the lease on a monthly basis, under the same terms as this Agreement.

Must vacate (leave) the Premises.

Month-to-Month Lease. The Tenant shall be allowed to occupy the Premises on a month-to-month basis starting on (insert month and day), (insert year), and ending upon notice of (insert number of days you require for notice) days from either party (“Lease Term”).

Rent

Tenant agrees to pay the Landlord in advance, not later than the 1st day of each calendar month, a monthly installment of $ (insert amount) (the “Rent).

Payments may be made via:

Personal check

Certified check

Money order

Electronic funds transfer (EFT) – Bank Details: (enter banking details)

Payments shall be made to the Landlord at Landlord's address as outlined in the preamble to this Agreement or to the bank account listed in this agreement, on or before the due date.

Late Fees

If Rent is not paid by the due date, the Tenant will be charged a fee of $ (insert amount as a one-time payment). Rent is considered late when it is not paid within (insert amount) day(s) after the due date.

Security Deposit

As part of this Agreement, Tenant will deposit with the Landlord the sum of $ (insert amount) as security for any damage caused to the Premises during the term hereof. The Security Deposit is required by the Tenant upon the execution of this Agreement.

The Landlord will place the security deposit as received by the Tenant into a separate interest-bearing bank account based in Massachusetts. The details of this account are:

(Name of Bank)

(Address of Bank)

(Bank account number)

(Amount being held)

The Landlord must provide the tenant with a Security Deposit receipt within 10 days of receiving the deposit from the Tenant. This receipt will contain the amount of the security deposit, the name of the Landlord, the date the deposit is received, a description of the leased property, and the signature of the Landlord.

Upon the termination of the lease, the Landlord will refund the security deposit less any funds retained to cover unpaid amounts or damages to the property under this agreement and within 30 days.

If the lease period is one year or longer, the Landlord must refund the tenant the security deposit plus 5% accrued interest per year that the security deposit is held.

The Landlord will not charge against the security deposit the cost of repair or cleaning unless necessitated beyond the ordinary wear and tear on the Property.

The Tenant is not permitted to treat the Security Deposit as payment of any rent payment.

Pre-Payments

To summarize, the following sums will be due from Tenant to Landlord on the date of executing this Lease Agreement.

First month’s rent (prorated): $ (insert amount)

Security Deposit: $ (insert amount)

Other: $ (insert amount)

Occupants

The Premises is to be occupied and used strictly as a residential dwelling by the Tenant and approved occupants only. The Premises can be occupied by a maximum of (enter a number) occupants. The Tenant will not be permitted to house guests at the Property for more than (enter thr number of days) consecutive days without advance, written consent of the Landlord.

This Lease Agreement cannot be assigned or sublet to any other person without the written permission of the Landlord.

Pets

The Tenant is: (check one)

Permitted to have (insert number) pet(s) on the Premises, consisting of (list types of pets allowed). The Landlord will charge a non-refundable/refundable deposit of $ (insert amount) to cover any damage caused to the Premises by the Tenant’s pet(s).

Not permitted to have pets on the Premises.

Maintenance and Upkeep

The Tenant will maintain the Rental Property in clean and sanitary condition inside the residence. The Tenant will promptly notify the Landlord of any problems, malfunctions, or damages to the Property, including appliances, and landscaping, in writing. The Landlord will take reasonable corrective actions. If the problem was caused by Tenants, or their guests or invitees, and not reasonable wear and tear on the Property, The Landlord reserves the right to require the Tenant to bear the costs of repair.

Modifications to Property

The Tenant is not permitted to paint, or otherwise modify or materially alter the Rental Property without the prior written consent of the Landlord.

Keys

The Tenant will be given keys to the Rental Property upon execution of this Lease Agreement. The Tenant is not permitted to make any copies of or have any other keys made for the Rental Property without the prior consent of the Landlord.

If replacement keys are needed, the Tenant can obtain them from the Landlord for a reasonable replacement cost. All keys will be returned to the Landlord upon the termination of this lease. If keys are not returned, the cost will be deducted from the Tenant's security deposit.

Utilities

The following utilities are included in the rent for this agreement: (list all included utilities). Tenant agrees to only make reasonable use of all such utilities and not engage in wasteful practices such as leaving lights or appliances on all day.

All other utilities not outlined in this agreement are for the Tenant's account.

Quiet Enjoyment

The Tenant will have the right to quiet enjoyment from the starting date of this agreement and for the entirety of the lease period.

Termination and Vacating the Property

The Tenant: (check one)

Can terminate this Agreement at any time by providing at least ___ days’ written notice to the Landlord along with an early termination fee of $___________ (US Dollars). The Tenant will remain responsible for the payment of rent during the notice period for termination. If Tenant fails to comply with the terms of this agreement or rental payment has not been made by the fifth business day of the calendar month, this Agreement can be terminated by the Landlord, with appropriate notice to Tenant and procedures required by law.

Cannot terminate this Agreement early.

Upon termination of this tenancy, the Tenant will promptly vacate and clean the premises, return all keys to the Landlord, and have the Landlord inspect the Rental Property for compliance with this obligation.

If the Tenant is not able to pay the rent in accordance with this agreement, and by state law, the Landlord may begin the legal process to remove the tenant from the property.

Rights of Access

The Landlord and Landlord's agents shall have the right to enter the Premises during normal business hours with at least (insert number) hours' notice for inspection, repairs, alterations, or any reasonable purpose. The Landlord and Landlord’s agents are also permitted to access the Premises in the event of an emergency without prior notice.

Additional Provisions

Additional provisions to this Agreement are the following: (insert any further provisions).

Disclosures

According to law, The Landlord is required to provide you with the following disclosures:

1. Lead Warning Statement: Any housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and /or lead-based paint hazards in the dwelling. Tenants must also receive a federally approved pamphlet on lead poisoning prevention.

2. Lessor’s Disclosure:

(a) Presence of lead-based paint and/or lead-based paint hazards: (check one below):

Known lead-based paint and/or lead-based paint hazards are present in the housing (explain): _______________________________________.

Landlord has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

(b) Records and reports available to the landlord: (check one below)

Landlord has provided the tenant with all available records and reports regarding lead-based paint and/or lead-based paint hazards in the housing (list documents below).

Landlord has no reports or records regarding lead-based paint and/or lead-based paint hazards in the housing.

Inventory Checklist

The Tenant is responsible for completing the attached inventory checklist, noting the condition of the property. The tenant must return one copy of the checklist to the Landlord within seven (7) days of occupying the Premises. The Tenant should keep a second copy for their records.

Applicable Law

This Agreement will be constructed and governed by the laws of the State of Massachusetts. The venue of any dispute over this Agreement will be in the County of (insert County) in the State of Massachusetts.

Entire Agreement

This Rental Property Lease Agreement is the entire agreement between the parties. Any prior negotiations or discussions of terms between the Landlord and concerning this tenancy are superseded by this written agreement.

Any modifications must be in writing and signed by both parties. There are no understandings, representations, or warranties except as herein expressly set forth and no rights are granted except as expressly set forth herein.

Executed by the Parties on the dates indicated below.