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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors’ opinions or evaluations.
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If you’re a landlord trying to lease your property to someone or a tenant looking to rent, a Massachusetts lease agreement is vital. Whether renting for a few months or several years, a well-written and legally binding contract will be required.
A good Massachusetts lease agreement protects all parties’ interests and clarifies all the obligations and benefits of the landlord-tenant relationship. If you need to draft a rental contract, a template is a great way to start. You can get a free lease template by entering your email address below.
What Is a Lease Agreement?
A lease agreement is a contract between a landlord—the property owner—and a tenant (or tenants)—the person or people using the property.
The purpose of a lease is to spell out the rights and responsibilities of all parties. These typically include the landlord’s right to collect the agreed-upon rent, for example, and their duties to repair and maintain the property. The tenants also have rights and responsibilities in most rental contracts.
The exact nature of the roles of each party will depend on the nature of the document, Massachusetts laws and the terms that the landlord and tenant agree to.
When Is a Lease Agreement Used in Massachusetts?
Generally, a lease agreement is used whenever a property owner agrees to let someone else use their property for a period of time. In Massachusetts, a rental agreement should always be in writing. While the law may not require it, a written contract can prove invaluable if there is a disagreement between landlord and tenant.
Who Typically Creates a Lease Agreement?
The landlord usually takes on the responsibility of writing the residential lease. This makes sense, as one of the critical elements of a written rental contract in Massachusetts is a description of the property, and tenants may not be familiar enough with the rental property when they begin a new lease.
There is no requirement, however, that the landlord write the lease. Tenants can draft a residential lease themselves. In either case, both parties can negotiate the lease terms before signing, though this is more common in commercial than residential leases.
What Parties Are Involved in a Lease Agreement?
The parties to a lease are:
- The landlord—or lessor—owns the property. They can be an individual, multiple people or a company.
- The tenant—or lessee—wants to use the property for the lease term. Just like the landlord, tenants can be people or, usually in commercial leases, companies.
In some instances, the landlord may require a cosigner or guarantor to also be party to the contract. The cosigner agrees to accept responsibility for complying with the lease if the tenant can’t. Usually, this means that the cosigner or guarantor will pay the rent if necessary.
What Should Be Included in a Massachusetts Lease Agreement?
Under Massachusetts law, a lease agreement has to include:
- A clear demonstration that the landlord and tenant intend to create a landlord-tenant relationship
- Identification of all parties
- A description of the property
- The amount and term of the rent.
The description of the property can be as simple as the address.
In addition to what’s required to form a written lease in Massachusetts, it’s a good idea to include many other elements.
The landlord should, for example, be sure to include things like how the rent should be paid, what the penalty is for late or missed payments and any other tenant responsibilities.
The tenant, on the other hand, would want to know:
- How much notice they need to provide if they want to renew at the end of the lease,
- When the landlord might ask for access to the property or
- How to reach the landlord or their agent when something breaks.
Frequently Asked Questions (FAQs)
How much can a landlord increase the rent in Massachusetts?
There are no caps on how much a landlord can increase the rent in most states. In Massachusetts, there are no rent controls. A landlord must provide tenants notice of the increase in rent, however, and the tenant must agree to the increase.
Does a lease need to be notarized in Massachusetts?
A Massachusetts lease does not need to be notarized to be valid and enforceable. In fact, notarizing a lease is extremely rare—increasingly so as more and more residential leases are e-signed.
What is the maximum fee for late rent in Massachusetts?
Under Massachusetts law, there is no limit to the late fee landlords can charge tenants for late rent. State law does, however, make it illegal to charge a late fee unless the amount of the fee and when it will be charged are clearly included in the lease.
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