1. Definitions
"Premises" means the dwelling unit and any furnishings, parking, and storage identified in Section 2. "Rent" means all amounts payable under this Agreement. "Lease Term" means the period in Section 3. Words importing the singular include the plural and vice versa. All references to Massachusetts law are to the General Laws of Massachusetts (M.G.L.) as of 2026.
2. Premises; Parking; Storage; Furnishings
Landlord leases to Tenant the residential premises located at [[Property Full Address, including Unit Number]] (the "Premises") in the City/Town of [[City/Town]], Massachusetts. Assigned parking: [[Parking Space(s) or None]]. Storage: [[Storage Area or None]]. Furnishings and appliances included: [[List of Furnishings and Appliances or "none"]] . Tenant has examined the Premises (including any common areas) and accepts it in its current condition except as noted on the separate Statement of Condition / Move-In Inventory & Condition Checklist (Exhibit A) required under M.G.L. c. 186 § 15B. The Premises shall be used solely as a private residence.
3. Term; Possession
The Lease Term is [[Lease Term Length, e.g., one (1) year]], beginning on [[Lease Start Date]] (the move-in date) and ending on [[Lease End Date]]. If Landlord cannot deliver possession at the start date, Rent shall abate until possession is delivered. If delivery is delayed more than [[Possession Delay Cap, e.g. thirty (30) days]], Tenant may terminate and receive a full refund of all prepaid amounts. Holding over is governed by Section 27.
4. Rent; Payment
Tenant shall pay monthly Rent of [[Monthly Rent Amount]], due in advance on the [[Rent Due Day, e.g. first (1st)]] day of each month without offset, deduction, or demand. Payment shall be made to Landlord by [[Accepted Payment Methods]] at [[Rent Payment Address or Electronic Details]]. If the Term begins on a day other than the first, the first month's Rent is prorated on a 30-day basis. Acceptance of a partial or late payment is not a waiver of any default or of Landlord's rights.
5. Late Charges; Returned Payments
Pursuant to M.G.L. c. 186 § 15B, no late fee may be charged until Rent remains unpaid for thirty (30) days after the due date. If Rent is more than thirty (30) days late, Tenant shall pay a late charge of [[Late Fee Amount or Percentage, if any; otherwise "none permitted prior to 30 days"]] . A fee of [[Returned Payment Fee]] applies to any returned or dishonored payment.
6. Security Deposit
Upon signing, Tenant shall pay a security deposit of [[Security Deposit Amount]]. Under M.G.L. c. 186 § 15B, the deposit may not exceed one (1) month's rent. Landlord shall deposit the security deposit in a separate, interest-bearing account in a bank located within the Commonwealth of Massachusetts within thirty (30) days. Tenant is entitled to interest at the rate of five percent (5%) per year or such lesser amount as is actually received by Landlord. The deposit secures Tenant's performance and may be applied to unpaid Rent, repair of damage beyond ordinary wear and tear, and cleaning to restore the move-in condition as documented in the Statement of Condition. Landlord shall return the deposit, with any accrued interest, together with an itemized statement of any deductions (with written evidence of cost for deductions exceeding $100), within thirty (30) days after the termination of the tenancy or surrender of the Premises, whichever occurs later. Failure to comply may result in Landlord forfeiting the right to make any deductions and liability for penalties under the statute. The deposit may not be applied by Tenant as last month's Rent.
7. Utilities; Services
Tenant shall pay for [[Tenant-Paid Utilities]]; Landlord shall pay for [[Landlord-Paid Utilities]]. Tenant shall place tenant-paid utilities in Tenant's name effective on the start date and shall not allow service to lapse. Landlord is not liable for any interruption of utilities or services not within Landlord's reasonable control.
8. Occupants; Guests
The Premises shall be occupied only by Tenant and: [[Permitted Additional Occupants]]. A guest staying more than [[Guest Stay Limit, e.g. fourteen (14) consecutive days or thirty (30) total days in any calendar year]] without Landlord's prior written consent may be treated as an unauthorized occupant and a breach of this Agreement.
9. Use; Conduct; Quiet Enjoyment
Tenant shall use the Premises lawfully, shall not create a nuisance or disturb neighbors' quiet enjoyment, and shall not conduct any business that violates law or zoning. Tenant shall comply with all applicable laws, the Rules in Section 21, and any condominium or homeowners association requirements disclosed in writing.
10. Pets; Assistance Animals
Pet policy: [[Pet Policy, e.g. No pets without prior written consent; additional pet rent or deposit may apply]]. No animal is permitted without Landlord's prior written consent except an assistance animal that must be permitted by law (including under the Fair Housing Act or M.G.L. c. 186 § 15B et seq.). Tenant is responsible for any damage, noise, or injury caused by an animal.
11. Smoking
Smoking policy: [[Smoking Policy, e.g. No smoking of any kind inside the Premises or within 25 feet of entrances]]. Tenant is responsible for any damage caused by smoking.
12. Parking; Vehicles
Only operable, registered vehicles may be parked in assigned spaces. Inoperable vehicles, unauthorized vehicles, or vehicles blocking access may be towed at the owner's expense after any notice required by law or the Rules: [[Parking and Towing Rules]].
13. Maintenance - Landlord
Landlord shall maintain the Premises in a habitable condition in compliance with the State Sanitary Code (105 CMR 410.000) and all applicable building and housing codes. Landlord shall keep the structural elements, roof, electrical, plumbing, heating, and Landlord-provided appliances in good and safe working order (implied warranty of habitability under Massachusetts law).
14. Maintenance - Tenant
Tenant shall keep the Premises clean, sanitary, and free of hazards; properly use all systems and appliances; replace HVAC filters, light bulbs, and smoke/CO-detector batteries as needed; keep plumbing clear; maintain any yard as agreed ([[Yard/Pest Responsibility]]); and promptly report needed repairs in writing. Tenant shall pay for repair of damage caused by Tenant's, occupants', or guests' misuse or neglect.
15. Repair Requests; Emergencies
Routine repair requests shall be made in writing to [[Repair Contact Name and Method]]. For emergencies threatening life or property, Tenant shall use [[Emergency Contact/Procedure]] and notify Landlord immediately thereafter. Landlord shall make required repairs within a reasonable time after notice, consistent with the State Sanitary Code.
16. Alterations; Fixtures; Locks
Tenant shall not paint, alter, install fixtures or satellite equipment, or change or add locks without Landlord's prior written consent. Tenant-installed improvements become Landlord's property unless agreed otherwise in writing. Tenant shall not change locks without giving Landlord a key or access device.
17. Landlord's Right of Entry
Landlord may enter to inspect, make repairs or improvements, supply services, or show the Premises to prospective tenants, purchasers, lenders, or contractors, upon reasonable notice (typically at least twenty-four (24) hours' written notice during normal business hours), except in an emergency. Landlord shall not abuse the right of entry or use it to harass Tenant. M.G.L. c. 186 § 15B protections apply.
18. Renter's Insurance; Waiver of Subrogation
Tenant shall maintain renter's insurance with personal-liability coverage of at least [[Renter's Insurance Minimum Amount]] for the Term and provide proof on request. Each party waives subrogation against the other to the extent of insurance proceeds. Landlord's insurance does not cover Tenant's personal property or liability.
19. Liability; Indemnity
Except to the extent caused by Landlord's negligence or violation of law, Tenant assumes responsibility for, and shall indemnify Landlord against, claims arising from Tenant's use of the Premises or the acts of Tenant's occupants and guests.
20. Assignment; Subletting
Tenant shall not assign this Agreement or sublet all or part of the Premises without Landlord's prior written consent, which shall not be unreasonably withheld.
21. Rules and Regulations; HOA/Condo
Tenant shall comply with Landlord's written Rules (Exhibit B) and any applicable homeowners' or condominium association rules: [[HOA/Condo Rules or "none disclosed"]] . Landlord may adopt reasonable Rules on notice.
22. Damage or Destruction (Casualty)
If the Premises is damaged by fire or casualty not caused by Tenant and is rendered uninhabitable, Rent abates for the affected portion, and either party may terminate if the Premises cannot reasonably be repaired within [[Casualty Repair Period, e.g. sixty (60) days]].
23. Condemnation; Eminent Domain
If all or a material part of the Premises is taken by eminent domain, this Agreement terminates as to the part taken as of the date possession is required, and Rent is adjusted accordingly. The condemnation award belongs to Landlord, except Tenant may pursue a separate claim for moving costs or other losses if allowed by law.
24. Default; Remedies
Tenant is in default if Tenant fails to pay Rent when due or breaches any other term and fails to cure within any period required by law (including any applicable cure periods under M.G.L. c. 186 or c. 239). On default, Landlord may serve appropriate notice (e.g., 14-day notice to quit for non-payment or other lawful notice) and may pursue all remedies available by law, including summary process for possession, recovery of unpaid Rent, damages, and costs. Landlord shall not engage in self-help eviction (lockouts or utility shut-offs). After termination, Tenant remains liable for Rent for the balance of the Term, subject to Landlord's duty to mitigate by taking reasonable steps to re-rent.
25. Abandonment; Personal Property
If Tenant abandons the Premises, Landlord may retake possession and dispose of personal property left behind only as permitted by applicable law (M.G.L. c. 186 and c. 239) after any required notice.
26. Bankruptcy; Insolvency
Tenant's bankruptcy or insolvency does not give Tenant any right to retain possession contrary to this Agreement, to the extent permitted by law.
27. Holdover
If Tenant remains in possession after the Term without Landlord's written consent, Tenant is a holdover tenant at sufferance and shall pay holdover use and occupancy at a rate of [[Holdover Rate, e.g. 125% of monthly Rent]] (or as otherwise agreed or awarded by court) and is liable for resulting damages. With Landlord's consent and no new agreement, the tenancy may become month-to-month on the same terms, terminable by either party with proper notice under M.G.L. c. 186 §§ 11 and 12 (thirty (30) days or one full rental period, whichever is longer).
28. Surrender; Move-Out
At the end of the tenancy Tenant shall remove all personal property, return all keys and access devices, leave the Premises clean and in the move-in condition (ordinary wear and tear excepted as documented in the Statement of Condition), and provide a written forwarding address for the deposit accounting within [[Forwarding Address Deadline, e.g. five (5) days]].
29. Notices
Notices to Tenant may be delivered to the Premises or as otherwise permitted by law; notices to Landlord shall be sent to [[Landlord Notice Address]]. To terminate a tenancy at will or month-to-month, the terminating party shall give written notice as required by M.G.L. c. 186 §§ 11 or 12 (generally thirty (30) days or a full rental period).
30. Subordination; Estoppel; Attornment
This Agreement is subordinate to any present or future mortgage on the Premises. Tenant shall, within ten (10) days of request, sign a commercially reasonable estoppel certificate and attorn to any successor owner or lender.
31. Waiver; Non-Waiver
No delay or failure to enforce any term is a waiver. A waiver of one breach is not a waiver of any other. Any waiver must be in writing to be effective.
32. Severability
If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.
32A. Attorney's Fees
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party to the extent permitted by law.
32B. Quiet Enjoyment
Tenant shall have the right to quiet enjoyment of the Premises without interference by Landlord, subject to Landlord's rights under this Agreement and law.
33. Governing Law; Venue
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any legal action shall be brought in the courts of the county where the Premises are located or as otherwise required by law.
34. Entire Agreement; Amendments
This Agreement, including all exhibits and any addenda, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements. No modification shall be binding unless in writing and signed by both parties.
35. Required Disclosures and Addenda
- Lead-Based Paint Disclosure and Pamphlet (for pre-1978 housing) - attached or signed separately as required by 42 U.S.C. § 4852d and Massachusetts requirements.
- Statement of Condition / Move-In Checklist (Exhibit A) - to be completed at move-in and move-out per M.G.L. c. 186 § 15B.
- Any other required notices (e.g., notice of security deposit bank location, interest rate).
36. Attorney Review Disclaimer
This is a template for illustrative and educational purposes. It is not legal advice and is not a substitute for consultation with a licensed Massachusetts attorney. Laws change; verify all provisions, forms, and disclosures against current statutes, the State Sanitary Code (105 CMR 410), and official sources. Landlord and Tenant should have any agreement reviewed by qualified counsel before signing. As of June 2026.
37. Additional Tenant Protections and Landlord Obligations
Landlord represents that the Premises comply with all applicable codes at the commencement of the tenancy. Landlord shall provide Tenant with a copy of this Agreement and all required disclosures at or before the start of the tenancy. Tenant acknowledges receipt of the keys/access devices listed in Exhibit A. Any provision in this Agreement that waives Tenant's rights under M.G.L. c. 186 § 15B or the State Sanitary Code is void. Tenant may not waive rights to habitable conditions. Landlord shall not retaliate against Tenant for exercising legal rights (M.G.L. c. 186 § 15B and c. 239 protections).
38. Smoke and Carbon Monoxide Detectors
Landlord has installed and maintains smoke detectors and carbon monoxide alarms as required by Massachusetts law (M.G.L. c. 148 and 527 CMR). Tenant shall not disable, remove, or tamper with any detector or alarm. Tenant shall test detectors periodically and notify Landlord immediately of any malfunction. Landlord shall replace batteries on request or per schedule.
39. Domestic Violence and Other Protected Status
Nothing in this Agreement shall be construed to violate the rights of victims of domestic violence under M.G.L. c. 186 § 15B or other applicable law. Tenant may terminate the tenancy early in certain domestic violence situations with proper documentation and notice as provided by statute. Landlord shall not discriminate on the basis of protected classes under Massachusetts and federal fair housing laws.
Sources (as of 2026-06): M.G.L. c. 186 §§ 15B (security deposits, statements of condition, late fees, entry), 11, 12 (notice to quit/termination); 105 CMR 410.000 (Minimum Standards of Fitness for Human Habitation / State Sanitary Code); M.G.L. c. 239 (summary process); federal lead paint rules (42 U.S.C. § 4852d); M.G.L. c. 148 (detectors); Massachusetts Attorney General guidance on tenant rights. Cross-checked against standard MA landlord-tenant forms and primary statutes.
Signatures
Landlord:
Signature: ______________________________ Date: ___________
Printed Name: [[Landlord Full Name]]
Tenant(s):
Signature: ______________________________ Date: ___________
Printed Name: [[Tenant Full Name]]
Signature: ______________________________ Date: ___________
Printed Name: [[Additional Tenant Full Name]]
Exhibit A: Move-In / Move-Out Statement of Condition and Inventory (separate form - complete and sign at move-in and move-out)
Exhibit B: Rules and Regulations (if any)
Exhibit C: Lead-Based Paint Disclosure (if applicable)
Template - not professional advice. Verify all figures, clauses, disclosures, and procedures against current Massachusetts law and the specific facts of the tenancy. Both parties should consult a licensed attorney.
