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    Massachusetts Residential Lease Agreement

    Massachusetts limits security deposits to 1 month's rent, and requires its return within 30 days after move-out.

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    Massachusetts lease rules at a glance

    Key Massachusetts rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit cap1 month's rentM.G.L. c. 186, § 15B(1)(b), (d)
    Deposit return deadline30 days after move-outM.G.L. c. 186, § 15B(4), (6)(e)
    Late feesNo state cap · grace period: 30 daysM.G.L. c. 186, § 15B(1)(c) (timing only; no amount cap), M.G.L. c. 186, § 15B(1)(c)
    Landlord entry noticeNo statutory notice period. A lease may permit entry only to inspect, repair or show the unit to a prospective tenant, buyer or mortgagee; the landlord may also enter under court order, if the unit appears abandoned, or in the last 30 days of the tenancy to inspect for deposit damageM.G.L. c. 186, § 15B(1)(a)
    Ending a month-to-month lease30 days (either side)M.G.L. c. 186, § 12
    Rent increase noticeNo state ruleM.G.L. c. 186, § 12
    Rent controlNone; cities barred from adopting itM.G.L. c. 40P, § 4, M.G.L. c. 40P, § 3
    Eviction notice for unpaid rent14 days (14-day notice to quit for nonpayment of rent)M.G.L. c. 186, § 11, M.G.L. c. 186, § 12

    Massachusetts lease disclosures checklist

    Before signing a lease for pre-1978 housing, give the Tenant Lead Law Notification and certification, any lead inspection report or letter of compliance or interim control, and the federal lead disclosure; if you take a security deposit or last month's rent, give a signed receipt and, for a deposit, a written statement of condition within 10 days (M.G.L. c. 111, § 197A(d); c. 186, § 15B(2)). (M.G.L. c. 111, § 197A, M.G.L. c. 186, § 15B, 40 CFR 745.107)

    • Lead-based paint disclosure, lead warning statement and EPA pamphlet — Housing built before 1978 (unless exempt under 40 CFR 745.101)42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F (§ 745.107)
    • Tenant Lead Law Notification form and brochure, the most recent lead inspection report, letter of interim control, letter of compliance or abatement plan, and two copies of the tenant certification — Before entering into a tenancy agreementM.G.L. c. 111, § 197A(d)
    • Signed receipt for a security deposit (amount, date, recipient, landlord's name, description of the premises) and receipt for last month's rent with the interest statement — At the time the deposit or last month's rent is receivedM.G.L. c. 186, § 15B(2)(a)-(b)
    • Separate written statement of the present condition of the premises, with the statutory notice to the tenant — When a security deposit is taken: on receipt of the deposit or within 10 days after the tenancy starts, whichever is laterM.G.L. c. 186, § 15B(2)(c)

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    Before you sign in Massachusetts

    How the Massachusetts deposit rule changed
    Security deposit up to the first month's rent (plus first and last month's rent and lock/key cost may be collected up front) M.G.L. c. 186, § 15B(1)(b), (d)
    • In effect since .
    • Before : Same one-month deposit cap; the up-front payment limit applied to the lessor only, not the lessor's agent.
    If a deposit is withheld wrongly
    A landlord who fails to escrow the deposit or return it within 30 days owes three times the amount due plus 5% interest, costs and attorney's fees (M.G.L. c. 186, § 15B(6)-(7)). (M.G.L. c. 186, § 15B(6)-(7))
    Deductions from the deposit
    To deduct for damage, the landlord must give the tenant within 30 days a sworn, itemized list of damages with written evidence of repair costs such as estimates or receipts (M.G.L. c. 186, § 15B(4)(iii)). (M.G.L. c. 186, § 15B(4)(iii), (6)(b))
    Interest on the deposit
    Landlords must hold the deposit in a separate interest-bearing Massachusetts bank account and pay the tenant 5% a year, or the lower rate the bank paid, each year and at the end of the tenancy (M.G.L. c. 186, § 15B(3)). (M.G.L. c. 186, § 15B(2)(a), (3))
    Rent control and increases
    Massachusetts has no rent control, and state law bars cities and towns from enacting or enforcing rent control on private housing except under narrow voluntary, compensated terms (M.G.L. c. 40P, §§ 3-4). (M.G.L. c. 40P, § 4, M.G.L. c. 40P, § 3)

    No statewide rent control; no city or town may enact, maintain or enforce rent control of any kind, except a purely voluntary, owner-compensated scheme limited to owners of ten or more units with fair market rents of $400 or less (M.G.L. c. 40P, § 4). Publicly owned, subsidized and federally assisted housing and mobile homes are outside the definition (§ 3(c)).

    If rent goes unpaid
    For unpaid rent, serve a written 14-day notice to quit; a tenant at will who has not had such a notice in the past 12 months can stop the termination by paying in full within 10 days (and the notice must say so), and a tenant under a lease can cure by paying all rent, interest and costs by the answer date (M.G.L. c. 186, §§ 11, 12). (M.G.L. c. 186, § 11, M.G.L. c. 186, § 12)

    Massachusetts lease FAQs

    How much can a landlord charge for a security deposit in Massachusetts?

    Landlords may collect a security deposit of no more than one month's rent, and up front may charge only first month's rent, last month's rent, that deposit and the cost of a new lock and key (M.G.L. c. 186, § 15B(1)(b)) (M.G.L. c. 186, § 15B(1)(b), (d)).

    How long does a Massachusetts landlord have to return a security deposit?

    Landlords must return the deposit, with interest and less lawful deductions, within 30 days after a tenancy at will ends or the written lease term ends (M.G.L. c. 186, § 15B(4)) (M.G.L. c. 186, § 15B(4), (6)(e)).

    Is there a limit on late fees in Massachusetts?

    Massachusetts sets no maximum late-fee amount, but no interest or penalty may be charged until rent is 30 days late (M.G.L. c. 186, § 15B(1)(c)) (M.G.L. c. 186, § 15B(1)(c) (timing only; no amount cap)). No lease may charge interest or a penalty for late rent until 30 days after the rent was due (M.G.L. c. 186, § 15B(1)(c)).

    How much notice must a Massachusetts landlord give before entering a rental?

    Massachusetts sets no notice period for entry but restricts its purposes: a lease may allow entry only to inspect, make repairs or show the unit, plus entry under court order, after apparent abandonment, or to assess deposit damage in the last 30 days of the tenancy (M.G.L. c. 186, § 15B(1)(a)).

    How much notice ends a month-to-month tenancy in Massachusetts?

    Either party can end a Massachusetts tenancy at will with written notice at least as long as the rental period or 30 days, whichever is longer, so a monthly tenancy needs a full rental period's notice ending on a rent day (M.G.L. c. 186, § 12).

    What disclosures does a Massachusetts lease need?

    Before signing a lease for pre-1978 housing, give the Tenant Lead Law Notification and certification, any lead inspection report or letter of compliance or interim control, and the federal lead disclosure; if you take a security deposit or last month's rent, give a signed receipt and, for a deposit, a written statement of condition within 10 days (M.G.L. c. 111, § 197A(d); c. 186, § 15B(2)). The list covers Lead-based paint disclosure, lead warning statement and EPA pamphlet, Tenant Lead Law Notification form and brochure, the most recent lead inspection report, letter of interim control, letter of compliance or abatement plan, and two copies of the tenant certification, Signed receipt for a security deposit (amount, date, recipient, landlord's name, description of the premises) and receipt for last month's rent with the interest statement and Separate written statement of the present condition of the premises, with the statutory notice to the tenant.

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