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Massachusetts Residential Lease Agreement

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Massachusetts Legal Requirements

Key MA statutes and obligations that apply to your residential lease agreement.

Requirements

  • Security deposit: equal to ONE month's rent only — no more (MGL c.186 § 15B)
  • Landlord must return deposit within 30 days of tenancy end with itemized deductions
  • Last month's rent collected at signing is separate from security deposit — both allowed
  • Required: written statement of the deposit's location (bank account information)
  • Required: lead paint disclosure for all rentals built before 1978 (MGL c.111 § 197A)
  • Required: written receipt for any amount received from tenant at move-in

Restrictions & Limits

  • No statewide rent control — Boston and Cambridge rent control was repealed by ballot in 1994
  • Landlord cannot charge a pet deposit, additional fees beyond first/last/security
  • Landlord cannot charge an application fee that exceeds actual credit/background check cost

Notice Requirements

Month-to-month: notice equal to the interval between rent payments (typically 30 days) required to terminate

Official Statute References

Primary Massachusetts statutes governing this document type.

Massachusetts Residential Lease Agreement FAQ

Common questions about residential lease agreements under Massachusetts law.

What can a Massachusetts landlord collect at the start of a tenancy?

Under MGL c.186 § 15B, a Massachusetts landlord may collect: (1) first month's rent, (2) last month's rent, (3) security deposit equal to one month's rent, and (4) a lock/key deposit if applicable. Nothing more. Charging more than one month's security deposit is illegal and subjects the landlord to triple damages.

What are the rules for returning a Massachusetts security deposit?

The landlord must return the deposit within 30 days of the tenancy ending, with a written itemized statement of deductions. Failure to return the deposit within 30 days, or failure to provide itemized deductions, entitles the tenant to recover the full deposit plus interest, 3x wrongful withholding damages, and attorney's fees.

Does Massachusetts require lead paint disclosure?

Yes. Any rental property built before 1978 must comply with the Massachusetts Lead Law (MGL c.111 § 197A). Landlords must disclose known lead paint, provide a lead paint pamphlet, and must de-lead the unit if a child under 6 lives there. Non-compliance creates significant liability.

Is it legal to discriminate against tenants with children in Massachusetts?

No. Massachusetts law prohibits housing discrimination based on familial status (presence of children) under MGL c.151B. Landlords cannot refuse to rent to families with children under 18 unless they qualify as housing for older persons (55+ communities). Violators face civil rights complaints and significant liability.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.