Reading a residential lease in Massachusetts: the clauses to check before you sign

First, what kind of tenancy is it?

Massachusetts tenancies come in two main kinds. A lease runs for a set period, usually one year. During the term the rent stays the same, the landlord cannot end the tenancy unless you fail to meet the lease conditions, and you are committed to paying rent until the end. You can usually leave early only if the landlord agrees to an early termination.

A tenancy at will, often called month-to-month, has no end date and lasts until either side ends it properly. When rent is paid monthly, either side can end it, and the landlord can change the rent, with notice of 30 days or one month before the next rent due date, whichever is longer. Sometimes there is nothing in writing; often there is a form titled Rental Agreement or Tenancy-at-Will.

So look first at the title of the document and the dates. A fixed start and end date means a lease, and the rest of the reading follows from that: what happens if you need to leave early, whether it renews, and who stays bound if a roommate leaves.

Who is on the lease

Check that every adult who will sign is named correctly and that the address and unit number are exact. Massachusetts requires a lease to give the name, address and phone number of the owner, of the person responsible for maintenance, and of the person to whom you can give formal notices, complaints or court papers. If a security deposit is collected, the lease must show the amount and explain your rights to it. You are entitled to a legible copy of what you sign.

When several people sign one lease, read how their obligations are shared. Some leases state that the tenants are jointly and severally liable; ask an attorney what such a clause would mean for you before you sign. Whatever the lease says, private arrangements among roommates about who pays which share do not change the lease itself.

Rent, fees and the late-fee rule

The rent clause should state the monthly amount, the due date, where and how to pay, and any late fee. Massachusetts law does not allow a lease to impose interest or a penalty for late rent until 30 days after the rent was due. A late fee that starts on the 5th or 10th of the month is one of the terms the Attorney General lists as illegal.

At or before the start of the tenancy, the landlord or the landlord's agent may require only first month's rent, last month's rent at the same rate, a security deposit of no more than one month's rent, and the cost of a new lock and key. The Attorney General's guide adds that landlords may not charge up-front application fees, pet fees or broker fees. Since August 1, 2025, a broker hired by the landlord is paid by the landlord, and that fee cannot be passed to you under another name such as an admin, leasing or finder's fee. Charges for optional amenities such as parking or a gym can be separate if you are free to decline them.

Read the deposit language against the law. The deposit remains your money while the landlord holds it. It must be kept in a separate interest-bearing account in a Massachusetts bank, protected from the landlord's creditors, and within 30 days you should receive a receipt with the bank's name and location, the account number and the amount. Interest is paid or credited each year. The landlord must give you a written statement of the unit's condition when the deposit is received or within 10 days after the tenancy starts, whichever is later, and you have 15 days from receiving it or moving in, whichever is later, to return it with your additions. A clause calling the deposit non-refundable, or letting it be kept for routine cleaning, conflicts with these rules.

Repairs and the State Sanitary Code

The State Sanitary Code, 105 CMR 410, sets minimum standards for housing, covering matters such as heat, hot water, sanitation, facilities and pests. The landlord must keep the unit in that condition throughout the tenancy and keep any promises made in the lease. You must pay rent, follow the agreed rules and pay for damage beyond normal wear and tear caused by you or your guests.

A lease may not make you pay to repair ordinary wear and tear, make you pay for repairs to parts of the building outside your unit, or bar you from suing the landlord or reporting Sanitary Code violations. What the lease should give you is a working way to report problems: whom to contact, how, and how to reach someone after hours.

If repairs are not made, you can ask the local board of health to send an inspector, and the landlord may not retaliate for that report. Withholding rent or moving out because of conditions is possible in some cases, but get advice from a lawyer or legal services before doing either. In an emergency such as a smell of gas, leave the building first, then call 911 and the gas company from outside. That does not wait for anyone's approval.

When the landlord may enter

Massachusetts law limits what a lease can say about entry before the lease ends. A lease may allow the landlord to enter to inspect, to make repairs, or to show the unit to a prospective tenant, buyer or lender. Beyond that, the landlord may enter under a court order, if the unit appears abandoned, or, during the last 30 days of the tenancy or after either side has given notice to end it, to inspect for damage that could be deducted from the deposit.

The Attorney General's guide says the landlord must arrange entry with you in advance, and may enter without your approval only for a repair emergency that could damage the building or when the unit appears abandoned. Look at what notice and method your lease sets for routine visits. A clause allowing entry at any time, for any reason, without notice goes beyond what the law permits.

Subletting, assignment and roommates

A sublet is temporary: someone else lives in the unit for a period and you return before the tenancy ends. You remain responsible to the landlord for the rent and the condition of the unit, so if the subtenant does not pay, the landlord can pursue you. If the lease does not mention or prohibit subletting, you may sublet; most leases require the landlord's written consent first. Across you and a subtenant, the landlord may not collect more than one month's rent in security deposits in total.

An assignment is permanent: you leave and a new tenant takes over the rest of the term. It must be in writing, and both you and the new tenant remain responsible to the landlord unless the landlord clearly releases you. Some leases say the landlord will not unreasonably refuse consent to an assignment; if yours does not say so, the landlord can generally refuse for any reason.

Adding or replacing a roommate follows the same logic. A roommate who moves out is still bound by a lease they signed, and a new roommate is not on the lease until the landlord agrees in writing. Put any change into a written amendment signed by everyone involved, including the landlord.

Renewal, leaving early and moving out

Check the end date and what the lease says happens then: whether it simply ends, renews, or requires notice by a deadline. Use the deadline written in your lease, not a number you have heard elsewhere, give notice in the way the lease specifies, and keep a copy.

A lease does not give you a right to leave early. If you may need to, look for an early termination clause and its cost, and ask before signing if there is none. At the end, the landlord must return the deposit and interest within 30 days after the tenancy ends. For a lease, that is the end of the term written in the lease, not automatically the day you moved out early. The landlord may deduct unpaid rent, the cost of repairing damage beyond reasonable wear and tear, and, if the lease provides for it, your share of a property tax increase. A deduction for damage requires an itemized list sworn to by the landlord or agent, with written evidence of the cost, delivered within those 30 days, and nothing may be deducted for damage already listed in the statement of condition.

A lease may not require you to have the unit professionally cleaned when you leave, or to pay for ordinary wear and tear. Take dated photos when you move in and when you move out, and keep your copy of the statement of condition.

Rules, riders and changes

Leases often attach building rules, condominium rules, a pet or parking addendum, a utilities schedule and other riders. These are part of the contract, so read them with the same care. They can add rules on quiet hours, trash, moving times or storage, but they cannot take away rights the law gives you, such as the limits on fees and entry described above.

For a home built before 1978, the lead notification, the tenant certification and any existing lead reports are given to you before you sign. Signing that notification does not mean the home has been deleaded.

Lease terms can be negotiated even though the law does not require it, and the landlord should not rush you to sign. Agreed changes are written into the lease in pen, sections both sides agree to remove are crossed out, and both sides initial each change in the margin, so there is a record that both agreed.

A clause-by-clause checklist

Use this list on the final version you are asked to sign, not on an earlier draft.

• Type of tenancy, start and end dates, and the notice deadline for renewing or leaving.
• Names of all tenants; the owner, maintenance contact and notice contact, each with address and phone.
• Rent, due date and payment method; no late fee before rent is 30 days late.
• Up-front payments limited to first and last month's rent, a deposit of up to one month's rent and the lock cost.
• Deposit bank receipt and statement of condition, and the deadlines for each.
• How to report repairs and reach someone after hours.
• The purposes for which the landlord may enter, and the notice the lease sets.
• Rules on subletting, assignment and roommate changes, and how liability is shared among tenants.
• Every rider and set of rules read in full; lead documents for a home built before 1978.