RESIDENTIAL LEASE AGREEMENT

(Commonwealth of Massachusetts)

[// GUIDANCE: This template is drafted for use by Massachusetts practitioners and is intended to comply with M.G.L. ch. 186 § 15B (security deposits), the State Sanitary Code (105 C.M.R. 410.000), and Massachusetts summary-process eviction procedures (M.G.L. ch. 239). Customize bracketed placeholders before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   1. Lease Grant and Term
   2. Premises and Occupancy Limits
   3. Rent; Late Charges
   4. Additional Charges
   5. Security Deposit
   6. Utilities
   7. Maintenance, Repairs & Habitability
   8. Alterations
   9. Rules & Regulations
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

This Residential Lease Agreement (“Agreement”) is made and entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

• Landlord: [LANDLORD LEGAL NAME], whose notice address is [LANDLORD NOTICE ADDRESS]; and
• Tenant: [TENANT LEGAL NAME(S)], whose initial residential address for notice is the Premises defined below.

WHEREAS, Landlord is the owner or authorized manager of the residential real property commonly known as [STREET ADDRESS, CITY/TOWN, MA ZIP] (the “Premises”); and

WHEREAS, Tenant desires to lease the Premises from Landlord for residential purposes under the terms set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties agree as follows.

II. DEFINITIONS

For ease of reference, the following terms shall have the meanings set forth below. Capitalized terms not defined in this Section have the meanings assigned elsewhere in this Agreement.

“Additional Charges” – Any monetary obligation of Tenant other than Base Rent, including utilities, fees, and costs required under this Agreement.

“Base Rent” – Monthly rent in the amount of $[AMOUNT] due on or before the first (1st) day of each calendar month during the Term.

“Business Day” – Any day other than Saturday, Sunday, or a Massachusetts or federal legal holiday.

“Lease Term” or “Term” – The fixed term commencing on [COMMENCEMENT DATE] and expiring at 11:59 p.m. on [EXPIRATION DATE], unless earlier terminated in accordance with this Agreement.

“Premises” – The dwelling unit located at the address stated above, together with the appurtenant rights described in Section III(2).

“Security Deposit” – Funds provided by Tenant and held by Landlord in strict accordance with Section III(5).

“Summary Process” – Judicial eviction procedure governed by M.G.L. ch. 239 and related Massachusetts court rules.

III. OPERATIVE PROVISIONS

1. Lease Grant and Term

1.1 Grant. Landlord hereby leases the Premises to Tenant for the Term solely for residential purposes.
1.2 Term. The Lease Term shall be as stated in the Definitions, unless earlier terminated pursuant to this Agreement or applicable law.
1.3 Possession. If Landlord cannot deliver possession on the Commencement Date for any reason not caused by Tenant, rent shall abate until possession is delivered and Tenant may, as its sole remedy, cancel this Agreement if possession is not delivered within thirty (30) days.

2. Premises and Occupancy Limits

2.1 Occupancy. Maximum permissible occupants: [NUMBER] persons. Tenant shall not permit additional occupants without Landlord’s prior written consent.
2.2 Common Areas. Tenant may use, in common with others, any common areas of the property, subject to Landlord’s reasonable rules.

3. Rent; Late Charges

3.1 Monthly Base Rent. Tenant shall pay Base Rent in advance, without offset or deduction, on or before the first (1st) day of each month at Landlord’s address or by electronic transfer as Landlord may designate in writing.
3.2 Late Charge. Consistent with M.G.L. ch. 186 § 15B(1)(c), no late fee shall be assessed until rent is thirty (30) days past due. Thereafter, Tenant shall pay a late charge of the lesser of (a) five percent (5%) of the overdue amount or (b) $30.
3.3 Returned Checks. Tenant shall pay a $25 service fee for each check returned for insufficient funds, plus Landlord’s bank charges.

4. Additional Charges

Tenant shall pay when due all Additional Charges set forth herein, which shall be deemed rent for purposes of Massachusetts summary process.

5. Security Deposit [Statutory Compliance – M.G.L. ch. 186 § 15B]

5.1 Amount. Simultaneously with execution, Tenant shall deposit with Landlord a Security Deposit in the amount of $[AMOUNT] (not exceeding one month’s rent).
5.2 Receipt & Escrow. Landlord shall provide Tenant with a written receipt identifying the amount received, the name and location of the bank, and the account number, and shall deposit the Security Deposit in a separate, interest-bearing account in a Massachusetts bank within three (3) Business Days.
5.3 Statement of Condition. Within ten (10) days after receipt of the Security Deposit, Landlord shall give Tenant a written Statement of Condition itemizing any existing defects. Tenant shall return the Statement with any proposed corrections within fifteen (15) days or it shall be deemed accepted.
5.4 Interest. Landlord shall pay accrued interest to Tenant annually on the anniversary of the Commencement Date, either by cash payment or credit against the next rent due, at a rate equal to five percent (5%) per annum or the rate actually earned, whichever is less.
5.5 Permissible Deductions. Within thirty (30) days after Tenant vacates, Landlord shall return the Security Deposit plus interest, less deductions for:
(a) unpaid rent;
(b) unpaid increase in real estate taxes that Tenant is obligated to pay; and
(c) a reasonable amount necessary to repair damage caused by Tenant, excluding reasonable wear and tear.
Landlord shall provide an itemized list of deductions with supporting documentation as required by statute. Failure to comply may subject Landlord to treble damages and attorney’s fees.
5.6 Prohibition on Additional Deposits. Landlord shall not demand any other deposit or prepaid rent except as expressly permitted by statute (e.g., last month’s rent, key fee).

6. Utilities

6.1 Responsibility. Tenant shall pay for the following utilities serving the Premises: [ELECTRIC, GAS, OIL, INTERNET, CABLE, etc.]. Landlord shall pay: [WATER/SEWER, TRASH, etc.].
6.2 Sub-metering. If utilities are individually metered, Tenant shall place the account(s) in Tenant’s own name by the Commencement Date.

7. Maintenance, Repairs & Habitability

7.1 Landlord Obligations. Landlord shall:
(a) maintain the Premises in compliance with the Massachusetts State Sanitary Code and all applicable building, health, and fire codes;
(b) provide and maintain in good working order all appliances supplied with the Premises;
(c) maintain all structural components, common areas, plumbing, heating, and electrical systems;
(d) provide heat so that the dwelling is maintained at a temperature of at least 68 °F between 7 a.m. and 11 p.m. and 64 °F at all other hours during the heating season; and
(e) ensure smoke and carbon-monoxide detectors are installed and operational.
7.2 Tenant Obligations. Tenant shall:
(a) keep the Premises in a clean and sanitary condition;
(b) promptly notify Landlord of any condition requiring repair;
(c) be responsible for damage caused by Tenant, permitted occupants, or guests; and
(d) not commit waste or nuisance nor allow the accumulation of trash.
7.3 Access. Upon at least twenty-four (24) hours’ notice (except in emergencies), Tenant shall permit Landlord to enter the Premises to inspect, make repairs, show to prospective purchasers or tenants, or as otherwise permitted by law.

8. Alterations

Tenant shall not make any alteration, addition, or improvement without Landlord’s prior written consent. All permitted alterations shall become Landlord’s property unless the parties agree in writing otherwise.

9. Rules & Regulations

Landlord may promulgate reasonable rules concerning the use and occupancy of the Premises and common areas. Tenant’s material breach of such rules, after written notice, shall constitute a default.

IV. REPRESENTATIONS & WARRANTIES

4.1 Mutual Authority. Each party represents that it has full authority to enter into and perform this Agreement.
4.2 Landlord Warranties. Landlord warrants that: (a) it has the legal right to lease the Premises; and (b) the Premises comply with, or will be brought into compliance with, applicable habitability standards on the Commencement Date.
4.3 Tenant Warranties. Tenant warrants that: (a) all information provided in Tenant’s rental application is true and complete; and (b) Tenant is entering this Agreement for residential use only.

V. COVENANTS & RESTRICTIONS

5.1 Quiet Enjoyment. Landlord covenants that Tenant shall peaceably and quietly enjoy the Premises, subject to Tenant’s compliance with this Agreement.
5.2 Compliance with Law. Tenant shall comply with all federal, state, and local laws, ordinances, and regulations affecting the Premises and Tenant’s activities therein.
5.3 Prohibited Conduct. The following are strictly prohibited: illegal activity; storage of hazardous materials; smoking [IF APPLICABLE]; sub-letting without consent; and keeping pets [IF APPLICABLE OR EXCEPTIONS].

VI. DEFAULT & REMEDIES

6.1 Events of Default. Each of the following shall constitute a default:
(a) Failure to pay rent or any monetary obligation within thirty (30) days after due;
(b) Material breach of any non-monetary covenant not cured within thirty (30) days after written notice (or sooner if an emergency condition);
(c) Misrepresentation in Tenant’s rental application;
(d) Abandonment of the Premises.
6.2 Notice to Quit. For non-payment of rent, Landlord shall provide a fourteen-day (14-day) statutory notice to quit (unless a longer period is mandated by future law). For other defaults, Landlord shall provide at least a thirty-day (30-day) notice to quit.
6.3 Remedies. Upon expiration of any applicable notice-and-cure period, Landlord may:
(a) commence Summary Process for possession in the Massachusetts Housing Court having jurisdiction;
(b) recover all rent and damages, including use and occupancy charges as authorized by statute;
(c) pursue injunctive relief to prevent continued violations; and
(d) recover reasonable attorney’s fees and expenses if expressly awarded by the court under applicable law or under Section 9.6.
6.4 Landlord’s Self-Help Prohibited. Landlord shall not engage in lock-outs, utility shut-offs, or other self-help measures.
6.5 Mitigation. Landlord shall make reasonable efforts to mitigate damages after Tenant vacates in breach of this Agreement.

VII. RISK ALLOCATION

7.1 Indemnification by Tenant. Tenant shall defend, indemnify, and hold Landlord, its agents, and employees harmless from and against any claim, liability, or expense (including reasonable attorney’s fees) arising out of (a) Tenant’s use or occupancy of the Premises, or (b) the acts or omissions of Tenant, occupants, or invitees, except to the extent caused by Landlord’s negligence or willful misconduct.
7.2 Limitation of Landlord Liability. Except for (a) personal injuries or property damage caused by Landlord’s negligence or willful misconduct and (b) noncompliance with statutory duties that cannot be waived, Landlord’s liability to Tenant shall not exceed the amount of the Security Deposit then held by Landlord. Nothing herein shall be construed to limit Landlord’s liability where such limitation is prohibited by law.
7.3 Insurance. Tenant is strongly encouraged to obtain renter’s insurance covering personal property and liability, with minimum limits of $100,000 per occurrence. Failure to obtain insurance shall be at Tenant’s sole risk.
7.4 Force Majeure. Neither party shall be liable for failure to perform (other than Tenant’s payment obligations) caused by events beyond its reasonable control, including fire, flood, pandemic, or governmental orders, provided the affected party promptly notifies the other and resumes performance when feasible.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with, the residential landlord-tenant laws of the Commonwealth of Massachusetts.
8.2 Forum Selection. Exclusive venue for any action arising out of this Agreement shall lie in the Massachusetts Housing Court (or, if jurisdictionally unavailable, the District Court) having territorial jurisdiction over the Premises.
8.3 Arbitration Excluded. The parties expressly decline to submit disputes to arbitration.
8.4 Jury Trial. Nothing herein shall constitute a waiver of either party’s constitutional right to a trial by jury in any action where such right applies and has not been otherwise waived in accordance with law.
8.5 Injunctive Relief. Landlord retains the right to seek equitable or injunctive relief, including but not limited to orders of eviction, without the necessity of posting bond except as required by law.

IX. GENERAL PROVISIONS

9.1 Amendments & Waivers. No amendment or waiver of any provision shall be effective unless in writing and signed by the party against whom enforcement is sought.
9.2 Assignment & Subletting. Tenant shall not assign this Agreement nor sublet the Premises, in whole or in part, without Landlord’s prior written consent, which Landlord may withhold in its reasonable discretion.
9.3 Successors & Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.
9.4 Severability. If any provision is held invalid or unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to render it enforceable.
9.5 Entire Agreement. This Agreement (including any addenda and the Statement of Condition) constitutes the entire understanding between the parties and supersedes all prior agreements, oral or written, concerning the Premises.
9.6 Attorney’s Fees. If Landlord substantially prevails in any action to enforce this Agreement, Tenant shall pay Landlord’s reasonable attorney’s fees and costs, but only if expressly awarded by the court consistent with M.G.L. ch. 186 § 20. Reciprocal rights are granted to Tenant.
9.7 Counterparts; Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original. Signatures delivered by electronic means shall be deemed original and binding.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date.

[OPTIONAL NOTARY ACKNOWLEDGMENT – insert if required by lender or local ordinance]

[// GUIDANCE: Attach the following, where applicable:
• Lead Paint Disclosure (for properties built prior to 1978)
• State Fire Marshal Smoke/CO Detector Certificate
• Statement of Condition per Section III(5.3)
• Any local municipal addenda (e.g., Boston’s Rental Inspection ordinance)
Landlord should retain copies of all disclosures and receipts as required by law.]

End of Document