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When renting a property in Massachusetts, understanding the Residential Lease Agreement form is crucial for both landlords and tenants. This document serves as the foundation of the landlord-tenant relationship, outlining essential terms that govern the rental arrangement. Key aspects of the form include the duration of the lease, which specifies whether it’s a fixed-term or month-to-month agreement, and the rental amount, detailing how much the tenant will pay and when those payments are due. Additionally, it encompasses security deposit requirements, maintenance responsibilities, and rules regarding property use, ensuring that both parties are clear about their rights and obligations. The form also addresses critical issues such as late fees, termination clauses, and procedures for handling disputes, making it an indispensable tool for fostering a harmonious living environment. By familiarizing themselves with the intricacies of this agreement, both landlords and tenants can navigate their rental experience with confidence and clarity.

Massachusetts Residential Lease Agreement Example

Massachusetts Residential Lease Agreement

This Massachusetts Residential Lease Agreement (hereinafter referred to as the "Agreement") is entered into on this ______ day of _______________, 20____ (the "Effective Date") between ____________________ (herein referred to as the "Landlord") with a mailing address of ____________________________________, and ____________________ (herein referred to as the "Tenant") with a mailing address of ____________________________________. It is mutually agreed by both parties to rent the premises located at ____________________________________ (the "Premises"), under the following terms and conditions:

1. Term of Lease: The lease term shall commence on ___________, 20____ and shall terminate on ___________, 20____ unless earlier terminated pursuant to any provision hereof or extended or renewed in accordance with the terms and conditions of this Agreement.

2. Rent: The Tenant agrees to pay the Landlord a monthly rent of $__________ due on the first day of each month. The first month’s rent is payable upon the execution of this Agreement. If the Tenant fails to pay rent on time as stipulated, a late fee of $__________ shall be applied.

3. Security Deposit: A security deposit of $__________ shall be paid by the Tenant to the Landlord. Subject to the Massachusetts Security Deposit Law, this deposit will cover damages or unpaid rents. It will be returned to the Tenant within 60 days after the end of the lease term, less any deductions for damages or unpaid rent.

4. Utilities: The Tenant is responsible for paying all utilities associated with the Premises unless otherwise agreed in writing. This includes but is not limited to electricity, gas, water, sewer, and trash removal services.

5. Maintenance and Repairs: The Tenant shall keep the Premises in a clean and sanitary condition and is responsible for any damage caused by the Tenant’s negligence or willful acts. Repairs needed due to ordinary wear and tear shall be the Landlord’s responsibility.

6. Use of Premises: The Premises shall be used exclusively as a residential dwelling. The Tenant agrees not to engage in any illegal activities on the Premises and shall comply with all laws, regulations, and ordinances affecting the Premises.

7. Subletting and Assignment: The Tenant shall not sublet any part of the Premises or assign this Agreement without the prior written consent of the Landlord.

8. Termination: This Agreement may be terminated by either party giving 30 days written notice to the other party. If the Tenant fails to comply with the terms of this Agreement, the Landlord may terminate the Agreement immediately without notice.

9. Governing Law: This Agreement shall be governed by the laws of the state of Massachusetts. Any disputes under this Agreement shall be resolved in a court within the state of Massachusetts.

10. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.

Landlord Signature: ____________________________________

Tenant Signature: _____________________________________

Date: ____________________

File Overview

Fact Name Description
Governing Law The Massachusetts Residential Lease Agreement is governed by Massachusetts General Laws Chapter 186 and Chapter 239.
Lease Duration Residential leases in Massachusetts can be for a fixed term or on a month-to-month basis.
Security Deposit Limits Landlords can collect a security deposit equal to one month's rent, and it must be held in a separate account.
Notice Requirements Both landlords and tenants must provide written notice for lease termination; typically, 30 days for month-to-month leases.
Rent Control Some municipalities in Massachusetts may have rent control ordinances, but this is not statewide.
Tenant Rights Tenants have the right to a habitable living space and protection against retaliatory eviction.
Disclosure Obligations Landlords must disclose certain information, such as lead paint hazards, to tenants prior to signing the lease.
Utilities Responsibility The lease should specify which party is responsible for paying utilities; this can vary by agreement.
Modification Procedures Any changes to the lease agreement must be made in writing and signed by both parties to be enforceable.
Eviction Process Landlords must follow a legal process for eviction, which includes providing notice and filing a court action if necessary.
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