Free Massachusetts Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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Massachusetts Residential Lease Agreement

A Massachusetts residential lease (also called a Massachusetts rental agreement) sets the rent, term and house rules for a home rental. A Massachusetts residential lease agreement is governed by Chapter 186 of the General Laws — above all the security-deposit statute, c. 186 §15B — together with the State Sanitary Code and the Attorney General’s landlord–tenant regulations. Massachusetts limits move-in charges to four items, bars late fees until rent is 30 days overdue, and punishes deposit mistakes with triple damages.

Massachusetts landlord–tenant law at a glance

Massachusetts residential lease law summary
Security deposit limit	1 month’s rent; only first month, last month, deposit and lock/key cost may be collected up frontM.G.L. c. 186 §15B(1)(b)
Deposit return	30 days after the tenancy ends, with interest; deductions need a sworn itemized listM.G.L. c. 186 §15B(4)
Late fees	No interest or penalty until rent is 30 days lateM.G.L. c. 186 §15B(1)(c)
Rent-increase notice	No specific statute; for a tenancy at will, the termination notice period applies
Landlord entry	No fixed notice period; entry only for the purposes the statute listsM.G.L. c. 186 §15B(1)(a)
Tenancy-at-will termination	30 days or one full rental period, whichever is longerM.G.L. c. 186 §12
Nonpayment notice	14-day notice to quit, with the state’s accompanying formM.G.L. c. 186 §§11, 12, 31
Rent control	Banned statewideM.G.L. c. 40P

Security deposits in Massachusetts

Massachusetts runs one of the strictest deposit regimes in the country. At or before move-in a landlord may collect only four things: the first month’s rent, the last month’s rent, a security deposit of no more than one month’s rent, and the cost of buying and installing a new lock and key (§15B(1)(b)). Pet deposits, cleaning fees, amenity fees and application fees are not on the list, so they can’t be charged.

Receipt & bank notice — The landlord must give a signed receipt when the deposit is paid, hold it in a separate interest-bearing account at a bank located in Massachusetts (out of reach of the landlord’s creditors), and within 30 days tell the tenant the bank’s name and address, the amount and the account number (§15B(2)(b), (3)(a)).
Statement of condition — When the deposit is paid or within 10 days after the tenancy starts, whichever is later, the landlord must give a signed statement of the unit’s condition listing all existing damage. The tenant has 15 days to return it with any additions. Damage listed on that statement, or on the tenant’s signed list, can’t later be deducted from the deposit (§15B(2)(c), (4)(iii)).
Interest — A deposit held a year or longer earns 5% a year, or the lower rate the bank actually pays, owed annually and at move-out. Interest is also due on prepaid last month’s rent (§15B(2)(a), (3)(b)).
Return — Within 30 days after the tenancy ends, the landlord returns the deposit with interest, less only unpaid rent or water charges, a lease-authorized tax escalation, and reasonable repair costs beyond normal wear and tear. Every repair deduction needs an itemized list sworn under the pains and penalties of perjury, with estimates, bills or receipts (§15B(4)).
Triple damages — A landlord who doesn’t hold the deposit in a proper account, doesn’t furnish the sworn itemized list within 30 days, or doesn’t return the balance owed on time forfeits the right to keep any of the deposit (§15B(6)). Using the wrong account or missing the 30-day return exposes the landlord to three times the deposit plus 5% interest, court costs and attorney’s fees (§15B(7)).

Rent, late fees & fees

Late fees — No lease may charge interest or a penalty for late rent until the rent is 30 days overdue (§15B(1)(c)). Imposing a fee sooner is also an unfair practice under the Attorney General’s regulations (940 CMR 3.17(6)(a)).
Broker fees — Since August 1, 2025, whoever hires a rental broker pays the broker’s fee. A landlord who lists with a broker can’t pass that fee to the tenant; a tenant pays only if the tenant hired the broker to work for them (M.G.L. c. 112 §87DDD½).
Rent increases — Massachusetts has no rent-increase notice statute. Rent under a fixed-term lease can’t change mid-term unless the lease allows it; for a tenancy at will, an increase takes effect only after proper notice under c. 186 §12.
Rent control — Local rent control has been banned since 1994 (c. 40P). A 2026 statewide rent-cap ballot question was struck from the November ballot by the Supreme Judicial Court in June 2026, so the ban remains in force.

Landlord entry & access

Massachusetts doesn’t set a minimum notice period for entry. Instead, it limits the reasons: a lease may let the landlord enter only to inspect, make repairs, or show the unit to a prospective tenant, buyer or lender; under a court order; if the unit appears abandoned; or, in the last 30 days of the tenancy or after either side has given notice to end it, to assess damage for the deposit (§15B(1)(a)). A clause allowing entry for any other reason is void. The statute sets no notice period, but giving reasonable advance notice outside emergencies is sound practice.

Ending a Massachusetts tenancy

A fixed-term lease ends on its end date without notice unless the lease says otherwise. A tenancy at will (month-to-month) requires written notice from either side, timed to end on a rent day.

Notice to end a Massachusetts tenancy
Tenancy at will	30 days or one full rental period, whichever is longerc. 186 §12
Nonpayment (tenant at will)	14 days; tenant can cure within 10 days if it’s the first such notice in 12 monthsc. 186 §12
Nonpayment (written lease)	14 days; tenant can cure by paying before the court answer datec. 186 §11

Required form — Every nonpayment notice to quit must be accompanied by the state’s form on rental assistance and repayment agreements; courts won’t accept a nonpayment eviction without proof it was delivered (§31).
Cure language — A tenant-at-will nonpayment notice must include the statutory right-to-cure wording. If it’s missing, the tenant can pay up until the court answer date instead (§12).
Domestic violence — A tenant who is a victim of domestic violence, rape, sexual assault or stalking may end the tenancy on written notice given within three months of the most recent incident (or while reasonably in fear of imminent serious harm), with rent liability after moving out capped by statute and any prepaid rent beyond that refunded (§24).
Court process only — Evictions go through a summary-process case in court (c. 239). Changing locks or shutting off utilities to force a tenant out is illegal (§§14, 15F).

Required disclosures in Massachusetts

Under the Attorney General’s regulations, a written lease must also state clearly the names, addresses and phone numbers of the owner and of anyone responsible for maintenance and repairs, and who is authorized to receive notices and service of process for the owner. Including any term that violates the law is itself an unfair practice (940 CMR 3.17(3)).

Lead paint — Federal lead warning and disclosure for pre-1978 housing (42 U.S.C. §4852d), plus the Massachusetts Tenant Lead Law Notification and Certification form. Under the state Lead Law, an owner must abate or contain lead hazards in any unit where a child under six lives (M.G.L. c. 111 §§197, 197A).
Deposit paperwork — The deposit receipt, the 30-day bank-account notice and the 10-day statement of condition (§15B).
Copy of the lease — The landlord must give the tenant a copy of the signed lease within 30 days; any clause waiving this is void (§15D).
Nonpayment form — The state form that must accompany any nonpayment notice to quit (§31).

Habitability & repairs

Every Massachusetts tenancy carries an implied warranty of habitability, and landlords must meet the State Sanitary Code (105 CMR 410), which sets standards for heat, hot water, pests, egress and more. When a landlord knows of code violations and doesn’t fix them, the tenant may withhold rent and raise the conditions as a defense and counterclaim in an eviction case (M.G.L. c. 239 §8A). That right can’t be waived by lease.

Tenant protections you can’t waive

No retaliation — A notice to quit (other than for nonpayment), rent increase or major change in terms within six months after a tenant reports code violations, joins a tenants’ union or asserts legal rights is presumed retaliatory. Damages run from one to three months’ rent, or actual damages if greater, plus fees (§18).
Quiet enjoyment — A landlord who fails to provide promised utilities or interferes with the tenant’s use of the home owes at least three months’ rent or actual damages, whichever is greater, plus fees (§14).
Void lease terms — Clauses waiving the §15B deposit rules, the entry limits or the 30-day late-fee rule are void (§15B(8)), and using them can be an unfair practice under c. 93A, with up to treble damages for willful violations.

Massachusetts lease agreement FAQs

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

No more than one month’s rent. At move-in the landlord may collect only first month’s rent, last month’s rent, the deposit, and the cost of a new lock and key — no pet deposits, cleaning fees or other charges (c. 186 §15B(1)(b)).

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

30 days after the tenancy ends, with interest. Any deduction for damage needs an itemized list sworn under the pains and penalties of perjury, with supporting bills or estimates. A landlord who breaks the rules can owe three times the deposit plus interest and attorney’s fees (§15B(4), (7)).

When can a landlord charge a late fee in Massachusetts?

Only after rent is 30 days overdue — Massachusetts bars any interest or penalty for late rent before then. A lease that sets a shorter grace period can’t be enforced on that point (§15B(1)(c)).

Can a Massachusetts landlord enter without notice?

The statute doesn’t set a notice period, but it limits entry to inspections, repairs, showings to prospective tenants, buyers or lenders, a court order, apparent abandonment, and damage checks in the last 30 days of the tenancy or after notice to end it (§15B(1)(a)). Giving reasonable advance notice except in emergencies is still sound practice.

How much notice is needed to end a month-to-month tenancy in Massachusetts?

30 days or one full rental period, whichever is longer, in writing, ending on a rent day. For unpaid rent, a 14-day notice to quit is enough, but it must come with the state’s required form, and many tenants have a right to cure (c. 186 §§11, 12, 31).

Who pays the broker’s fee on a Massachusetts rental?

Since August 1, 2025, whoever hired the broker pays. If the landlord listed the unit with a broker, the landlord pays that fee; a tenant pays only a broker the tenant hired to represent them (c. 112 §87DDD½).

Does a Massachusetts lease need to be notarized?

No. A lease is binding once both parties sign, though a lease longer than one year must be in writing. The landlord must give the tenant a copy of the signed lease within 30 days (c. 186 §15D).

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