Massachusetts Lease Agreement Requirements

Massachusetts does not mandate a specific lease form, but the state's strict statutory protections mean leases must be carefully drafted to avoid containing illegal or unenforceable provisions.

Official Law Citation: Massachusetts General Laws Chapter 186, Section 15B(1)(b).

Written vs. Oral Leases

Both written and oral leases are legally valid in Massachusetts. However, a tenancy for more than one year must be in writing under the Statute of Frauds. Regardless of length, a written lease is universally recommended and essential for enforcement purposes.

Even without a formal written lease, a tenant has a "tenancy at will" and is still fully protected by all applicable Massachusetts statutes (security deposit rules, habitability standards, eviction procedures, etc.).

Essential Lease Components

A compliant Massachusetts residential lease should include:

• Names of all parties and the property address.
• Amount of rent, due date, and acceptable payment methods.
• Lease term (start and end dates for a fixed term).
• Security deposit details (amount, bank information, statement of condition process).
• Utilities responsibilities.
• Maintenance and repair responsibilities.
• Rules regarding pets, guests, and subletting.
• Termination and renewal clauses.

Prohibited Lease Clauses

Massachusetts law voids certain clauses, regardless of whether the tenant signed the lease:

• Waiving habitability: Clauses requiring the tenant to accept the property "as is" and waive the implied warranty of habitability.
• Waiving right to report: Clauses preventing the tenant from reporting sanitary code violations or requesting housing inspections.
• Excessive fees: Charging for normal wear and tear, non-refundable deposits, or "cleaning fees" beyond the security deposit.
• Waiving rights to jury trial: In residential leases, clauses waiving the tenant's right to a jury trial in eviction proceedings are generally unenforceable.

Upfront Payment Limits

Under M.G.L. c. 186, § 15B, a landlord may only collect the following payments at the start of a tenancy:

• First month's rent.
• Last month's rent (cannot exceed the first month's rent).
• Security deposit (cannot exceed one month's rent).
• The actual cost for the purchase and installation of a new lock and key.

Any other upfront charges, such as "application fees," "holding fees," or "pet deposits," are generally prohibited in Massachusetts.

Broker Fee Disclosures

If a real estate broker or salesperson is involved in the rental, they must provide the prospective tenant with a written notice before showing the property. This notice must state:

• Whether the tenant will be required to pay a fee.
• The amount of the fee.
• When and how the fee must be paid.
• Whether a fee is due even if a lease is not signed.

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