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Sublease Agreement
1-Page Lease
What the Massachusetts Residential Lease Agreement Form covers?
This document includes the following subjects that related to the laws regarding the relationship between the landlord and tenant in Massachusetts:
- Massachusetts Landlord-Tenant Act
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Rent Due Date and Late Fees
- Eviction Procedures
- Property Maintenance
- Required Disclosure Forms
Massachusetts Landlord-Tenant Act
Summary: The Massachusetts Landlord-Tenant Act includes guidelines for residential leasing, covering property habitability standards, eviction rules, and anti-discrimination measures. It also outlines tenant rights regarding property repairs and maintenance.
Security Deposit Law
Summary (Chapter 186, Section 15B(1)(b)(iii)):
- 30 Days – Time limit to return the security deposit with interest.
- Itemized List – Any deductions must be itemized and sent to the tenant within 30 days.
- Maximum Amount – Equivalent to one month’s rent.
- Interest Requirement – Landlords must pay interest on deposits held over one year.
- Non-deduction – Normal wear and tear cannot be deducted from the security deposit.
Lease Termination Rules for Landlords and Tenants
Summary: Massachusetts law allows both parties to terminate a lease with the following notices.
- Landlord’s Right to Terminate – 30-day notice for agreement breaches or failure to pay rent.
- Tenant’s Right to Terminate – Tenants on a month-to-month lease may provide a 30-day notice without any penalties.
Landlord’s Access to the Rental Property
Summary (Sanitary Code (410.810)): Landlords must provide reasonable notice before entering the property, except in emergencies, then prior notice isn’t required.
Rent Due Dates and Late Fees
Summary (Chapter 186, Section 11): Massachusetts law mandates that late fees cannot be imposed until the rent is at least 30 days overdue.
- Grace Period – 30-day grace period before late fees apply.
- Notice to Quit – 14-day notice to quit.
- Maximum Penalty – The amount should be reasonable and outlined in the lease as there’s no law mandating maximum amounts for late fees.
- NSF Fee – 1% for checks of $2,500 or more. A $25 fee for bounced checks under $2,500.
Eviction Procedures and Notices
Summary : Landlords must follow court eviction procedures, including providing tenants with notice and an opportunity to fix any rent-related breaches.
Property Maintenance Requirements
Summary: Landlords must provide a habitable environment, addressing repairs like heating, plumbing, and electrical issues.
Required Disclosure Forms
Summary: Landlords must disclose certain information before the lease begins.
- Lead-Based Paint Disclosure (epa.gov) – Required for all properties built before 1978.
- Security Deposit Receipt (Chapter 186, Section 15B(2)(c)) – Receipt must outline terms for the tenant, including interest payments.
- Fire Insurance (Chapter 186, Section 21) – Landlord must disclose within 15-days of the lease start date.
- Inventory Checklist (Chapter 186, Section 15B(2)(b)) – Within 10 days of receiving the security deposit or lease start, the landlord must provide a checklist for the tenant to note any defects. The tenant has 15 days to return it. Massachusetts law mandates a notice as well.
- Follow-up Deposit Statement (Chapter 186, Section 15B(3)(a)) – Within 30 days of receiving the security deposit, the landlord must provide the tenant with a statement showing the deposit amount, bank name, location, and account number.