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MASSACHUSETTS RESIDENTIAL LEASE AGREEMENT

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Page 1 of 11
MASSACHUSETTS RESIDENTIAL LEASE AGREEMENT
I. THE PARTIES. This Residential Lease Agreement (“Agreement”) made this [DATE] is
between:
Landlord: [LANDLORD'S NAME] with a mailing address of [LANDLORD'S MAILING
ADDRESS] ("Landlord"), AND
Tenant(s): [TENANT(S) NAMES(S)] (“Tenant”).
Landlord and Tenant are each referred to herein as a “Party” and, collectively, as the
"Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and
agreements contained herein, the Tenant agrees to lease the Premises from the
Landlord under the following terms and conditions:
II. LEASE TYPE. This Agreement shall be considered a: (check one)
☐ - Fixed Lease. The Tenant shall be allowed to occupy the Premises starting on
[LEASE START DATE] and end on [LEASE END DATE] (“Lease Term”). At the
end of the Lease Term and no renewal is made, the Tenant: (check one)
☐ - May continue to lease the Premises under the same terms of this
Agreement under a month-to-month arrangement.
☐ - Must vacate the Premises.
☐ - Month-to-Month Lease. The Tenant shall be allowed to occupy the Premises
on a month-to-month arrangement starting on [LEASE START DATE] and ending
upon notice of [#] days from either Party to the other Party (“Lease Term”).
III. OCCUPANT(S). The Premises is to be occupied strictly as a residential dwelling with
the following individual(s) in addition to the Tenant: (check one)
☐ - [OCCUPANT(S) NAME(S)] (“Occupant(s)”)
☐ - There are no Occupant(s).
IV. THE PROPERTY. The Landlord agrees to lease the described property below to the
Tenant: (enter the property information)
a.) Mailing Address: [PROPERTY MAILING ADDRESS]
b.) Residence Type: ☐ Apartment ☐ House ☐ Condo ☐ Other: [OTHER]
c.) Bedroom(s): [# OF BEDROOMS]
d.) Bathroom(s): [# OF BATHROOMS]
The aforementioned property shall be leased wholly by the Tenant (“Premises”).
Page 2 of 11
V. PURPOSE. The Tenant and Occupant(s) may only use the Premises as: (check one)
☐ - A residential dwelling only.
☐ - A residential dwelling and: [OTHER USES FOR THE PREMISES]
VI. FURNISHINGS. The Premises is: (check one)
☐ - To be furnished with the following items: [ENTER FURNISHINGS]
☐ - Not furnished.
VII. APPLIANCES. The Landlord shall: (check one)
☐ - Provide the following appliances: [ENTER APPLIANCES]
☐ - Not provide any appliances.
VIII. RENT. The Tenant shall pay the Landlord, in equal monthly installments,
$[MONTHLY RENT] ("Rent"). The Rent shall be due on the [#] of every month (“Due
Date”) and paid under the following instructions: [RENT PAYMENT INSTRUCTIONS]
IX. NON-SUFFICIENT FUNDS (NSF CHECKS). If the Tenant pays the Rent with a
check that is not honored due to insufficient funds (NSF): (check one)
☐ - There shall be a fee of $[NSF FEE] per incident.
☐ - There shall be no fee.
X. LATE FEE. If Rent is not paid on the Due Date: (check one)
☐ - There shall be a penalty of $[LATE FEE] due as ☐ One (1) Time Payment ☐
Every Day Rent is Late. Rent is considered late when it has not been paid within
[#] day(s) after the Due Date.
☐ - There shall be No Late Fee if Rent is late.
XI. FIRST (1ST) MONTH'S RENT. The Tenant is required to pay the first (1st) month's
rent: (check one)
☐ - Upon the execution of this Agreement.
☐ - Upon the first (1
st
) day of the Lease Term.
XII. PRE-PAYMENT. The Tenant shall: (check one)
Page 3 of 11
☐ - Pre-Pay Rent in the amount of $[PRE-PAY RENT AMOUNT] for the term
starting on [START DATE] and ending on [END DATE]. The Pre-Payment of
Rent shall be due upon the execution of this Agreement.
☐ - Not be required to Pre-Pay Rent.
XIII. PRORATION PERIOD. The Tenant: (check one)
☐ - Shall take possession of the Premises before the start of the Lease Term on
[START DATE] and agrees to pay $[PRORATION AMOUNT] for the proration
period. The proration rate is calculated by the monthly Rent on a daily basis
which shall be paid by the Tenant upon the execution of this Agreement.
☐ - Shall not be taking possession of the Premises before the Lease Term.
XIV. SECURITY DEPOSIT. As part of this Agreement: (check one)
☐ - The Landlord requires a payment in the amount of $[SECURITY DEPOSIT
AMOUNT] (“Security Deposit”) for the faithful performance of the Tenant under
the terms and conditions of this Agreement. Payment of the Security Deposit is
required by the Tenant upon the execution of this Agreement. The Security
Deposit shall be returned to the Tenant within [#] days after the end of the Lease
Term less any itemized deductions. This Security Deposit shall not be credited
towards any Rent unless the Landlord gives their written consent.
☐ - The Landlord does not require a Security Deposit as part of this Agreement.
XV. MOVE-IN INSPECTION. Within ten (10) days of either receiving the Security
Deposit or the start date of the Lease Term, whichever is later, the Landlord must issue
a checklist that allows the Tenant to write down any and all repairs needed or defects
on the Premises. After issuing, the Tenant shall have fifteen (15) days to return the
checklist to the Landlord in accordance with State law.
XVI. PARKING. The Landlord: (check one)
☐ - Shall provide [#] parking space(s) to the Tenant for a fee of $[PARKING FEE]
to be paid ☐ at the execution of this Agreement ☐ on a monthly basis in addition
to the rent. The parking space(s) are described as: [DESCRIBE PARKING
SPACES]
☐ - Shall NOT provide parking.
XVII. SALE OF PROPERTY. If the Premises is sold, the Tenant is to be notified of the
new Owner, and if there is a new Manager, their contact details for repairs and
maintenance shall be forwarded. If the Premises is conveyed to another party, the new
owner: (check one)
Page 4 of 11
☐ - Has the right to terminate this Agreement by providing [#] days’ notice to the
Tenant.
☐ - Does not have the right to terminate this Agreement.
XVIII. UTILITIES. The Landlord shall provide the following utilities and services to the
Tenant: [LANDLORD PROVIDES THE FOLLOWING UTILITIES]
Any other utilities or services not mentioned will be the responsibility of the Tenant.
XIX. EARLY TERMINATION. The Tenant: (check one)
☐ - Shall have the right to terminate this Agreement at any time by providing at
least [#] days’ written notice to the Landlord along with an early termination fee of
$[EARLY TERMINATION FEE] (US Dollars). During the notice period for
termination the Tenant will remain responsible for the payment of rent.
☐ - Shall not have the right to terminate this Agreement.
XX. SMOKING POLICY. Smoking on the Premises is: (check one)
☐ - Permitted ONLY in the following areas: [ENTER SMOKING AREAS]
☐ - Prohibited on the Premises and Common Areas.
XXI. PETS. The Tenant: (check one)
☐ - Shall have the right to have [#] pet(s) on the Premises consisting of [TYPES
OF PETS] that are not to weigh over [# OF POUNDS] pounds. The Tenant is
responsible for all damage that any pet causes, regardless of ownership of said
pet and agrees to restore the Premises to its original condition at their expense.
☐ - Shall not have the right to have pets on the Premises or in the common
areas.
XXII. WATERBEDS. The Tenant: (check one)
☐ - Shall have the right to use a waterbed on the Premises.
☐ - Shall not have the right to use a waterbed on the Premises.
XXIII. NOTICES. Any notice to be sent by the Landlord or the Tenant to each other shall
use the following addresses:
Landlord's / Agent's Address: [LANDLORD/AGENT ADDRESS]
Tenant's Mailing Address: (check one)
Page 5 of 11
☐ - The Premises.
☐ - Other. [TENANT'S ADDRESS FOR NOTICES]
XXIV. AGENT/MANAGER. (check one)
☐ - The Landlord does have a manager on the Premises that can be contacted
for any maintenance or repair at:
Name: [MANAGER'S/AGENT'S NAME]
Telephone: [TELEPHONE NUMBER]
E-Mail: [E-MAIL ADDRESS]
☐ - The Landlord does not have a manager on the Premises although the
Landlord can be contacted for any maintenance or repair at:
Telephone: [TELEPHONE NUMBER]
E-Mail: [E-MAIL ADDRESS]
XXV. POSSESSION. Tenant has examined the condition of the Premises and by taking
possession acknowledges that they have accepted the Premises in good order and in
its current condition except as herein otherwise stated. Failure of the Landlord to deliver
possession of the Premises at the start of the Lease Term to the Tenant shall terminate
this Agreement at the option of the Tenant. Furthermore, under such failure to deliver
possession by the Landlord, and if the Tenant cancels this Agreement, the Security
Deposit (if any) shall be returned to the Tenant along with any other pre-paid rent, fees,
including if the Tenant paid a fee during the application process before the execution of
this Agreement.
XXVI. ACCESS. Upon the beginning of the Proration Period or the start of the Lease
Term, whichever is earlier, the Landlord agrees to give access to the Tenant in the form
of keys, fobs, cards, or any type of keyless security entry as needed to enter the
common areas and the Premises. Duplicate copies of the access provided may only be
authorized under the consent of the Landlord and, if any replacements are needed, the
Landlord may provide them for a fee. At the end of this Agreement all access provided
to the Tenant shall be returned to the Landlord or a fee will be charged to the Tenant or
the fee will be subtracted from the Security Deposit.
XXVII. SUBLETTING. The Tenant shall not be able to sublet the Premises without the
written consent from the Landlord. The consent by the Landlord to one subtenant shall
not be deemed to be consent to any subsequent subtenant.
XXVIII. ABANDONMENT. If the Tenant vacates or abandons the Premises for a time-
period that is the minimum set by State law or seven (7) days, whichever is less, the
Landlord shall have the right to terminate this Agreement immediately and remove all
belongings including any personal property off of the Premises. If the Tenant vacates or
abandons the Premises, the Landlord shall immediately have the right to terminate this
Agreement.
Page 6 of 11
XXIX. ASSIGNMENT. Tenant shall not assign this Lease without the prior written
consent of the Landlord. The consent by the Landlord to one assignment shall not be
deemed to be consent to any subsequent assignment.
XXX. RIGHT OF ENTRY. The Landlord shall have the right to enter the Premises during
normal working hours by providing at least twenty-four (24) hours notice in order for
inspection, make necessary repairs, alterations or improvements, to supply services as
agreed or for any reasonable purpose. The Landlord may exhibit the Premises to
prospective purchasers, mortgagees, or lessees upon reasonable notice.
XXXI. MAINTENANCE, REPAIRS, OR ALTERATIONS. The Tenant shall, at their own
expense and at all times, maintain premises in a clean and sanitary manner, and shall
surrender the same at termination hereof, in as good condition as received, normal
wear and tear excepted. The Tenant may not make any alterations to the leased
premises without the consent in writing of the Landlord. The Landlord shall be
responsible for repairs to the interior and exterior of the building. If the
Premises includes a washer, dryer, freezer, dehumidifier unit and/or air conditioning
unit, the Landlord makes no warranty as to the repair or replacement of units if one or
all shall fail to operate. The Landlord will place fresh batteries in all battery-operated
smoke detectors when the Tenant moves into the premises. After the initial placement
of the fresh batteries it is the responsibility of the Tenant to replace batteries when
needed. A monthly "cursory" inspection may be required for all fire extinguishers to
make sure they are fully charged.
XXXII. NOISE/WASTE. The Tenant agrees not to commit waste on the premises,
maintain, or permit to be maintained, a nuisance thereon, or use, or permit the premises
to be used, in an unlawful manner. The Tenant further agrees to abide by any and all
local, county, and State noise ordinances.
XXXIII. GUESTS. There shall be no other persons living on the Premises other than the
Tenant and any Occupant(s). Guests of the Tenant are allowed for periods not lasting
for more than 48 hours unless otherwise approved by the Landlord in writing.
XXXIV. COMPLIANCE WITH LAW. The Tenant agrees that during the term of the
Agreement, to promptly comply with any present and future laws, ordinances, orders,
rules, regulations, and requirements of the Federal, State, County, City, and Municipal
government or any of their departments, bureaus, boards, commissions and officials
thereof with respect to the premises, or the use or occupancy thereof, whether said
compliance shall be ordered or directed to or against the Tenant, the Landlord, or both.
XXXV. DEFAULT. If the Tenant fails to comply with any of the financial or material
provisions of this Agreement, or of any present rules and regulations or any that may be
hereafter prescribed by the Landlord, or materially fails to comply with any duties
imposed on the Tenant by statute or State laws, within the time period after delivery of
written notice by the Landlord specifying the non-compliance and indicating the intention
of the Landlord to terminate the Agreement by reason thereof, the Landlord may
terminate this Agreement. If the Tenant fails to pay rent when due and the default
continues for the time-period specified in the written notice thereafter, the Landlord may,
Page 7 of 11
at their option, declare the entire balance (compiling all months applicable to this
Agreement) of rent payable hereunder to be immediately due and payable and may
exercise any and all rights and remedies available to the Landlord at law or in equity
and may immediately terminate this Agreement.
The Tenant will be in default if: (a) Tenant does not pay rent or other amounts that are
owed; (b) Tenant, their guests, or the Occupant(s) violate this Agreement, rules, or fire,
safety, health, or criminal laws, regardless of whether arrest or conviction occurs; (c)
Tenant abandons the Premises; (d) Tenant gives incorrect or false information in the
rental application; (e) Tenant, or any Occupant(s) is arrested, convicted, or given
deferred adjudication for a criminal offense involving actual or potential physical harm to
a person, or involving possession, manufacture, or delivery of a controlled substance,
marijuana, or drug paraphernalia under state statute; (f) any illegal drugs or
paraphernalia are found in the Premises or on the person of the Tenant, guests, or
Occupant(s) while on the Premises and/or; (g) as otherwise allowed by law.
XXXVI. MULTIPLE TENANT OR OCCUPANT(S). Each individual that is considered
a Tenant is jointly and individually liable for all of this Agreement's obligations, including
but not limited to rent monies. If any Tenant, guest, or Occupant(s) violates this
Agreement, the Tenant is considered to have violated this Agreement. Landlord’s
requests and notices to the Tenant or any of the Occupant(s) of legal age constitutes
notice to the Tenant. Notices and requests from the Tenant or any one of the
Occupant(s) (including repair requests and entry permissions) constitutes notice from
the Tenant. In eviction suits, the Tenant is considered the agent of the Premise for the
service of process.
XXXVII. DISPUTES. If a dispute arises during or after the term of this
Agreement between the Landlord and Tenant, they shall agree to hold negotiations
amongst themselves, in "good faith", before any litigation.
XXXVIII. SEVERABILITY. If any provision of this Agreement or the application thereof
shall, for any reason and to any extent, be invalid or unenforceable, neither the
remainder of this Agreement nor the application of the provision to other persons,
entities or circumstances shall be affected thereby, but instead shall be enforced to the
maximum extent permitted by law.
XXXIX. SURRENDER OF PREMISES. The Tenant has surrendered the Premises when
(a) the move-out date has passed and no one is living in the Premise within the
Landlord’s reasonable judgment; or (b) Access to the Premise have been turned in to
Landlord – whichever comes first. Upon the expiration of the term hereof, the Tenant
shall surrender the Premise in better or equal condition as it were at the
commencement of this Agreement, reasonable use, wear and tear thereof, and
damages by the elements excepted.
XL. RETALIATION. The Landlord is prohibited from making any type of retaliatory acts
against the Tenant including but not limited to restricting access to the Premises,
decreasing or cancelling services or utilities, failure to repair appliances or fixtures, or
any other type of act that could be considered unjustified.
Page 8 of 11
XLI. WAIVER. A Waiver by the Landlord for a breach of any covenant or duty by the
Tenant, under this Agreement is not a waiver for a breach of any other covenant or duty
by the Tenant, or of any subsequent breach of the same covenant or duty. No provision
of this Agreement shall be considered waived unless such a waiver shall be expressed
in writing as a formal amendment to this Agreement and executed by the Tenant and
Landlord.
XLII. EQUAL HOUSING. If the Tenant possesses any mental or physical impairment,
the Landlord shall provide reasonable modifications to the Premises unless the
modifications would be too difficult or expensive for the Landlord to provide. Any
impairment(s) of the Tenant are encouraged to be provided and presented to the
Landlord in writing in order to seek the most appropriate route for providing the
modifications to the Premises.
XLIII. HAZARDOUS MATERIALS. The Tenant agrees to not possess any type of
personal property that could be considered a fire hazard such as a substance having
flammable or explosive characteristics on the Premises. Items that are prohibited to be
brought into the Premises, other than for everyday cooking or the need of an appliance,
includes but is not limited to gas (compressed), gasoline, fuel, propane, kerosene,
motor oil, fireworks, or any other related content in the form of a liquid, solid, or gas.
XLIV. INDEMNIFICATION. The Landlord shall not be liable for any damage or injury to
the Tenant, or any other person, or to any property, occurring on the Premises, or any
part thereof, or in common areas thereof, and the Tenant agrees to hold the
Landlord harmless from any claims or damages unless caused solely by the
Landlord's negligence. It is recommended that renter's insurance be purchased at the
Tenant's expense.
XLV. COVENANTS. The covenants and conditions herein contained shall apply to and
bind the heirs, legal representatives, and assigns of the parties hereto, and all
covenants are to be construed as conditions of this Agreement.
XLVI. PREMISES DEEMED UNINHABITABLE. If the Premises is deemed
uninhabitable due to damage beyond reasonable repair the Tenant will be able to
terminate this Agreement by written notice to the Landlord. If said damage was due to
the negligence of the Tenant, the Tenant shall be liable to the Landlord for all repairs
and for the loss of income due to restoring the Premises back to a livable condition in
addition to any other losses that can be proved by the Landlord.
XLVII. FIRE INSURANCE. In accordance with State law, the Landlord must disclose the
terms and conditions of the fire insurance on the Premises within fifteen (15) days of the
start of the Lease Term.
XLVIII. LEAD PAINT. (check one)
☐ - The Premises was built prior to 1978 and there is an attachment titled the
‘Lead-Based Paint Disclosure’ that must be initialed and signed by the Landlord
and Tenant.
Page 9 of 11
☐ - The Premises was not built prior to 1978.
XLIX. GOVERNING LAW. This Agreement is to be governed under the laws located in
the State of Massachusetts.
L. ADDITIONAL TERMS AND CONDITIONS. [ADDITIONAL TERMS & CONDITIONS]
LI. ENTIRE AGREEMENT. This Agreement contains all the terms agreed to by the
parties relating to its subject matter including any attachments or addendums. This
Agreement replaces all previous discussions, understandings, and oral agreements.
The Landlord and Tenant agree to the terms and conditions and shall be bound until the
end of the Lease Term.
Landlord's Signature ___________________________ Date: _____________
Print Name: __________________
Tenant’s Signature ___________________________ Date: _____________
Print Name: __________________
Tenant’s Signature ___________________________ Date: _____________
Print Name: __________________
Agent’s Signature ___________________________ Date: _____________
Print Name: __________________
Page 10 of 11
AMOUNT ($) DUE AT SIGNING
Security Deposit: $[SECURITY DEPOSIT AMOUNT]
First (1st) Month's Rent: $[1ST MONTH'S RENT]
Parking Fee: $[PARKING FEE]
Pre-Payment of Rent: $[PRE-PAYMENT OF RENT]
Proration Amount: $[PRORATION PERIOD]
Total Amount: $[TOTAL AMOUNT]
Page 11 of 11
Disclosure of Information on Lead-Based Paint and/or Lead-Based Paint Hazards
1. Lead Warning Statement
Housing build before 1978 may contain lead-based paint. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly. Lead exposure is
especially harmful to young children and pregnant women. Before renting pre-1978
housing, landlords must disclose the presence of known lead-based paint and /or
lead-based paint hazards in the dwelling. Tenants must also receive a federally
approved pamphlet on lead poisoning prevention.
2. Lessor’s Disclosure
(a) Presence of lead-based paint and/or lead-based paint hazards (check
one below):
☐ - Known lead-based paint and/or lead-based paint hazards are present
in the housing (explain): [EXPLAIN]
☐ - Landlord has no knowledge of lead-based paint and/or lead-based
paint hazards in the housing.
(b) Records and reports available to the landlord (check one below)
☐ - Landlord has provided the tenant with all available records and
reports pertaining to lead-based paint and/or lead-based paint hazards in
the housing (list documents below).
☐ - Landlord has no reports or records pertaining to lead-based paint
and/or lead-based paint hazards in the housing.
3. Tenant’s Acknowledgement
☐ - Tenant has received copies of all information listed above.
☐ - Tenant has received the pamphlet “Protect Your Family From Lead in Your
Home”.
4. Broker’s Acknowledgement
☐ - Broker has informed the tenant of the tenant’s obligations under 42 USC
4852(d) and is aware of his/her responsibility to ensure compliance.
5. Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of
their knowledge, that the information they have provided is true and accurate.
Landlord's Signature ___________________________ Date: _____________
Print Name: __________________
Tenant’s Signature ___________________________ Date: _____________
Print Name: __________________
Tenant’s Signature ___________________________ Date: _____________
Print Name: __________________
Agent’s Signature ___________________________ Date: _____________
Print Name: __________________
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MASSACHUSETTS RESIDENTIAL LEASE AGREEMENT

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Completed 5 May 2022

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