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Massachusetts
Residential Lease Agreement
This Lease Agreement (the "Agreement") is made and entered on (the "Effective Date") by and between (the "Landlord") and the following tenants:
(the "Tenant")
Subject to the terms and conditions stated below the parties agree as follows:
. Property. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant a house
. Term. This Agreement will begin on (the "Start Date") and will terminate on (the "Termination Date").
Tenant will vacate the Property upon termination of the Agreement, unless: (i) Landlord and Tenant have extended this Agreement in writing or signed a new agreement; (ii) mandated by local rent control law; or (iii) Landlord accepts Rent from Tenant (other than past due Rent), in which case a month-to-month tenancy will be created which either party may terminate All other terms and conditions of this Agreement will remain in full force and effect.
. Management.
. Rent. There will be no rent increases through the initial term of the lease. Landlord may increase the rent that will be paid during any month-to-month renewal period by providing at least 30 days written notice to Tenant.
Payments should be sent to:
Payment address: , or at such other place as Landlord may designate from time to time.
Payments can be made by using one of the following methods of payment:
Acceptable forms of payment:
Tenant agrees to submit rent payments by one of the methods above. In the event of roommates, or another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any payment made by mail and not received by the due date stated herein. Mailed payments must be received on or before the due date. Rent payments for any partial month will be pro-rated at the rate of 1/30th of the monthly rent payment per day.
. Failure to Pay. Tenant is hereby notified that a negative credit report reflecting on Tenant's credit history may be submitted to a credit reporting agency if Tenant fails to fulfill the terms of their credit obligations, such as their financial obligations under the terms of this Agreement.
. Occupants. The only persons who may live on the Property during the term of this Agreement are:
| - |
Tenant may have guests on the Property for not over consecutive days or days in a calendar year, and no more than two guests per bedroom at any one time. Persons staying more than consecutive days or more than days in any calendar year will NOT be considered original occupants of the Property. Tenant must obtain the prior written approval of Landlord if an invitee of Tenant will be present at the Property for more than consecutive days or days in a calendar year. Landlord reserves the right to terminate this Agreement if the additional occupants would render the dwelling overcrowded under Massachusetts State Sanitary Code.
. Possession. Tenant will be entitled to possession of the Property on the first day of the term of this Agreement, and will yield possession to Landlord on the last day of the term of this Agreement, unless otherwise agreed by both parties in writing. The Tenant will maintain the Property in a clean and neat condition and at all times comply with an occupant's obligations under Article II of the Massachusetts State Sanitary Code. At the expiration of the term, Tenant will remove its goods and effects and peaceably yield up the Property to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted.
. Use of Property/Absences. Tenant will occupy and use the Property as a full-time residential dwelling unit. Tenant will notify Landlord of any anticipated extended absence from the Property not later than the first day of the extended absence.
No retail, commercial or professional use of the Property is allowed unless the Tenant receives prior written consent of the Landlord and such use conforms to applicable zoning laws. In such case, Landlord may require Tenant to obtain liability insurance for the benefit of Landlord. Landlord reserves the right to refuse to consent to such use in its sole and absolute discretion.
The failure to abide by the provisions of this section will constitute a material breach of this Agreement and is a just cause for eviction.
| - | Sofa |
| - | Stove |
. Storage. Any personal property stored in the common areas of the Property will be removed without notice.
. Parking.
week. month.
. Roof/Fire Escapes. Use of the roof and/or the fire escapes by Tenants and/or guests is limited to emergency use only. No other use is permitted, including but not limited to, the placement of personal property.
. Pets. No pets, dogs, cats, birds or other animals are allowed on or about the Property, without Landlord's prior written consent, excepting guide, service, or signal dogs. Strays must not be kept or fed in or around the Property. If a pet has been on or allowed on the Property, even temporarily (with or without the Landlord's permission) Tenant may be charged for cleaning, de-fleaing, deodorizing, shampooing, or replacing any portion of the Property.
| - |
. Keys and Locks. Tenant will be given a set number of keys for the Property. If all keys are not returned to Landlord following termination of the Agreement, Tenant will be charged a monetary fee to replace the keys. If a security deposit was collected by the Landlord at the time of signing this Agreement, then such amount will be subtracted from the Security Deposit. Tenant is not permitted to change any lock or place additional locking devices on any door or window of the Property without Landlord's approval prior to installation. If allowed, Tenant must provide Landlord with keys to any changed lock immediately upon installation.
. Maintenance and Repairs. Landlord agrees to maintain the Property in a structurally sound condition and to otherwise comply with an Owner's obligations under Article II of the Massachusetts State Sanitary Code.
. Utilities and Services.
. Default. Tenant will be in default of this Agreement if Tenant fails to comply with any material provisions of this Agreement by which Tenant is bound. Subject to any governing provisions of law to the contrary, if Tenant fails to cure any financial obligation (or any other obligation) after written notice of such default is provided by Landlord to Tenant, Landlord may elect to cure such default and the cost of such action will be added to Tenant's financial obligations under this Agreement. All sums of money or charges required to be paid by Tenant under this Agreement will be additional rent, whether or not such sums or charges are designated as "additional rent." The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law.
. Notification of Termination. Landlord shall not terminate this lease except for serious or repeated breach of tenant's obligations hereunder. In cases of nonpayment of rent, Landlord may terminate the tenancy by a 14-day written notice to vacate. In all other cases, Landlord may terminate the tenancy by a 30-day written notice to vacate. Notwithstanding the foregoing, the Landlord may immediately terminate this Lease for any act or conduct of the Tenant, household member or guest which entitles the Landlord to evict or enjoin the Tenant under Massachusetts General Laws, Chapter 139, Section19.
. Military Termination. In the event, the Tenant is, or hereafter becomes, a member of the United States Armed Forces on extended active duty and hereafter the Tenant receives permanent change of station orders to depart from the area where the Property is located, or is relieved from active duty, retires or separates from the military, or is ordered into military housing, then in any of these events, the Tenant may terminate this lease upon giving thirty (30) days written notice to the Landlord. The Tenant will also provide to the Landlord a copy of the official orders or a letter signed by the Tenant's commanding officer, reflecting the change, which warrants termination under this provision. The Tenant will pay prorated rent for any days (he/she) occupy the dwelling past the first day of the month. Any security deposit will be promptly returned to the Tenant, provided there are no damages to the Property.
. Condition of Property. Tenant stipulates, represents and warrants that Tenant has examined the Property, and that they are at the time of this Agreement in good order, repair, and in a safe, clean and tenantable condition.
. Alterations and Improvements. Tenant will make no alterations to the buildings or improvements to the Property or construct any building or make any other improvements on the Property without the prior written consent of Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Property by Tenant will, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Property at the expiration or earlier termination of this Agreement.
. Hazardous Materials. Tenant will not keep on the Property any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Property or that might be considered hazardous or extra hazardous by any responsible insurance company.
. Damage to Property. If the Property is damaged or destroyed as to render it uninhabitable, then either Landlord or Tenant will have the right to terminate this Agreement as of the date on which such damage occurs, through written notice to the other party to be given within 20 days of occurrence of such damage. However, if such damage should occur as the result of the conduct or negligence of Tenants or Tenants' guests or invitees, Landlord will have the right to termination and Tenants will be responsible for all losses, including, but not limited to, damage and repair costs as well as loss of rental income.
. Landlord Access to Property. Landlord and Landlord's agents will have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Property for the purpose of inspecting the Property and all buildings and improvements thereon. Tenant will make the Property available to Landlord or Landlord's agents for the purposes of making repairs or improvements, or to supply agreed services or show the Property to prospective buyers or tenants, or in case of emergency. Except in case of emergency, Landlord will give Tenant reasonable notice of intent to enter. For these purposes, twenty four (24) hour written notice will be deemed reasonable.
. Indemnity Regarding Use of Property. To the extent permitted by law, Tenant agrees to indemnify, hold harmless, and defend Landlord from and against any and all losses, claims, liabilities, and expenses, including reasonable attorney fees, if any, which Landlord may suffer or incur in connection with Tenant's possession, use or misuse of the Property, except Landlord's act or negligence. Tenant hereby expressly releases Landlord and/or agent from any and all liability for loss or damage to Tenant's property or effects whether on the Property, garage, storerooms or any other location in or about the Property, arising out of any cause whatsoever, including but not limited to rain, plumbing leakage, fire or theft, except in the case that such damage has been adjudged to be the result of the gross negligence of Landlord, Landlord's employees, heirs, successors, assignees and/or agents.
. Accommodation. Landlord agrees to and is committed to complying with all applicable laws providing equal housing opportunities. To ensure compliance, Landlord will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or a tenant, unless undue hardship would result. It is the applicant or tenants responsibility to make Landlord aware of any required accommodation. In writing, the individual with the disability should specify the nature and effect of the disability and any accommodation he or she needs. If after thoughtful consideration and evaluation, the accommodation is reasonable and will not impose an undue hardship, Landlord will make the accommodation. Landlord reserves the right to require appropriate medical verification of the disability.
. Compliance with Regulations. Tenant will promptly comply with all laws, ordinances, requirements and regulations of the federal, state, county, municipal and other authorities, and the fire insurance underwriters. However, Tenant will not by this provision be required to make alterations to the exterior of the building or alterations of a structural nature.
. Mechanics Liens. Neither Tenant nor anyone claiming through the Tenant will have the right to file mechanics liens or any other kind of lien on the Property and the filing of this Agreement constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give actual advance notice to any contractors, subcontractors or suppliers of goods, labor, or services that such liens will not be valid, and (2) take whatever additional steps that are necessary in order to keep the Property free of all liens resulting from construction done by or for the Tenant.
. Subordination of Lease. This Agreement is subordinate to any mortgage that now exists, or may be given later by Landlord, with respect to the Property.
. Assignment and Subletting.
. Notice. Notice under this Agreement will not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed to the party at the appropriate address set forth below. Such addresses may be changed from time to time by either party by providing notice as set forth below. Notices mailed in accordance with these provisions will be deemed received on the third day after posting.
Landlord:
, ,
Tenant:
, , Massachusetts
Such addresses may be changed from time to time by any party by providing notice as set forth above.
Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation for the Commonwealth of Massachusetts. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Commonwealth of Massachusetts. The arbitrator's award will be final, and judgment may be entered upon it by any court having jurisdiction within the Commonwealth of Massachusetts.
. Governing Law. This Agreement will be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Massachusetts.
. Waiver and Severability. The failure of either party to enforce any provisions of this Agreement will not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If any provision of this Agreement or the application thereof will, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances will be affected thereby, but instead will be enforced to the maximum extent permitted by law.
. Time of Essence. Time is of the essence with respect to the execution of this Lease Agreement.
. Estoppel Certificate. Tenant will execute and return a tenant estoppel certificate delivered to Tenant by Landlord or Landlord's agent within three (3) days after its receipt. Failure to comply with this requirement will be deemed Tenant's acknowledgment that the estoppel certificate is true and correct, and may be relied upon by a lender or purchaser.
. Entire Agreement. This document constitutes the entire Agreement between the Tenant and Landlord. This Agreement cannot be modified except in writing and must be signed by all parties. Neither Landlord nor Tenant have made any promises or representations, other than those set forth in this Agreement and those implied by law. The failure of Tenant or its guests or invitees to comply with any term of this Agreement is grounds for termination of the tenancy, with appropriate notice to Tenants and procedures as required by law.
. Application. Tenant represents and warrants that all statements in Tenant's rental application are accurate. Any misrepresentations will be considered a material breach of this Agreement and may subject Tenant to eviction. Tenant authorizes Landlord and any broker to obtain Tenant's credit report periodically during the tenancy in connection with the modification or enforcement of this Lease. Landlord reserves the right to terminate this Agreement (i) before occupancy begins, (ii) upon disapproval of the credit report(s), or (iii) at any time, upon discovering that information in Tenant's application is false.
. Binding Effect. The provisions of this Agreement will be binding upon and inure to the benefit of parties and their respective legal representatives, successors and assigns.
Receipt
Initials
| Tenant | Landlord |
IN WITNESS WHEREOF, the Landlord and Tenant have executed this Agreement in the manner prescribed by law as of the Effective Date.
Landlord:
| By: | Date: |
,
Tenant:
| By: | Date: |
STATEMENT OF CONDITION OF PROPERTY ON MOVE-IN
This is a statement of the condition of the premises you have leased or rented. You should read it carefully in order to see if it is correct. If it is correct you must sign it. This will show that you agree that the list is correct and complete. If it is not correct, you must attach a separate signed list of any damage which you believe exists in the premises. This statement must be returned to the lessor or his agent within fifteen days after you receive this list or within fifteen days after you move in, whichever is later. If you do not return this list, within the specified time period, a court may later view your failure to return the list as your agreement that the list is complete and correct in any suit which you may bring to recover the security deposit.
Address: , , Massachusetts
Tenant:
Date of Lease:
Written description of the property listed above as of this date:
Landlord:
| By: ___________________________________ | Date: __________________ |
Tenant:
| By: ___________________________________ | Date: __________________ |
Lease Agreement
Inspection Checklist
| Address: | , , Massachusetts |
Tenant has inspected the Property and states that the Property is in satisfactory condition, free of defects, except as noted below:
| Satisfactory | Comments |
Kitchen
| Cupboards | _______ | ____________________________________ |
| Floor ceiling | _______ | ____________________________________ |
| Walls and ceiling | _______ | ____________________________________ |
| Counter surfaces | _______ | ____________________________________ |
| Stove and oven | _______ | ____________________________________ |
| Refrigerator | _______ | ____________________________________ |
| Garbage disposal | _______ | ____________________________________ |
| Windows | _______ | ____________________________________ |
| Doors | _______ | ____________________________________ |
| Light fixtures | _______ | ____________________________________ |
Living Room
| Floor covering | _______ | ____________________________________ |
| Walls and ceiling | _______ | ____________________________________ |
| Windows | _______ | ____________________________________ |
| Doors | _______ | ____________________________________ |
| Light fixtures | _______ | ____________________________________ |
Hallways or Other Areas
| Floor covering | _______ | ____________________________________ |
| Walls and ceiling | _______ | ____________________________________ |
| Closets | _______ | ____________________________________ |
| Light fixtures | _______ | ____________________________________ |
| Furnace | _______ | ____________________________________ |
| Air conditioner | _______ | ____________________________________ |
| Patio or deck | _______ | ____________________________________ |
| Yard | _______ | ____________________________________ |
| Other (specify) | _______ | ____________________________________ |
Tenant:
| By: ___________________________________ | Date: __________________ |
Acknowledged by Landlord:
| By: ___________________________________ | Date: __________________ |
(i) __X__ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain):
(i) _____ Landlord has provided the Tenant with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents): ______________________________________________
(ii)__X__ Landlord has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
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As with any contract, a Massachusetts Lease Contract will not be legally binding until everyone has signed it. This isn't a run-of-the-mill Massachusetts Lease Agreement template. Any Massachusetts Residential Lease Agreement under a Rocket Lawyer Premium membership is supported by Document Defense®, an optional benefit to help enforce your rights.
No matter whom you are renting your property to, it is always critical to get the details of all tenancies in writing. This list of benefits might help to inform your decision to use one:
In the end, if you and/or your renter decide against signing a Massachusetts Rental Contract, neither party will experience any of the associated protections.
To draft your Massachusetts Lease Agreement online, you'll need:
As you might hope with a contract like this one, any Massachusetts Lease Agreement built with Rocket Lawyer will also include legal language about smoking and/or drug use, animals/pets, past due payments, invited guests, and moving out before the lease ends. During the process of building your rental contract, you also will have the ability to add details related to insurance requirements, maintenance procedures, and furnishings. Using the Rocket Lawyer document tool, you have the power to implement further personalized editing, if needed.
If you want to make a free Massachusetts Lease Agreement online with Rocket Lawyer, start the process by tapping or clicking on the button that says "Make document." After collecting your answers to a series of questions, Rocket Lawyer will produce your custom contract. Once you have made your Massachusetts Rental Agreement, it is recommended that you have an Rocket Lawyer network attorney review it. This method is, in most cases, much less time-consuming than hiring and working with your average attorney at a cost totaling a few hundred dollars or more, if the situation is complex.
In order to complete your Massachusetts Lease Agreement, it will need to be signed. Make sure that all signers get copies of your final contract. RocketSign® makes the entire signature process easy. With a membership, you also may make copies, print it, or download it as a PDF document or Word file as necessary. You may also wish to browse the other landlord-tenant documents in our library.
In Massachusetts, your lease may come with some additional requirements. For example, if you plan to collect a security deposit, you must also provide a Statement of Condition of the property, and have it signed by the tenant before you can collect any deposit. That said, the law continually evolves over time and it may be different based on your particular municipality. If you've got any particular questions or concerns related to Massachusetts rental laws, ask an attorney . Having someone review your document can take a lot of time if you attempt to do it alone. An alternate approach worth consideration is to request help from the On Call network. Rocket Lawyer members are able to request advice from an Rocket Lawyer network attorney with landlord-tenant experience or pose other questions. As a property owner or manager, you can Work Confidently® knowing that Rocket Lawyer is here by your side.
The reply to this question depends on your specific preferences; but, regardless of your location, there are a few factors that you might consider as you decide to invest in real estate. They may include: any limitations on security deposits or pet rent, the scope of tenants' rights, mandated disclosures, how difficult the eviction process is, and, of course, the amount of property taxes. That said, Massachusetts is home to tourist destinations like Faneuil Hall Marketplace, Fenway Park, and the Bunker Hill Monument in addition to schools like Harvard University, Massachusetts Institute of Technology, and Tufts University, so there is no lack of potential short- or long-term tenants if your property is located close to them.
