What makes a lease legally binding in Massachusetts?

A written fixed-term lease should be signed by both landlord and tenant and state the essential terms: the parties, the premises, the rent and the term. A tenancy can also exist without a signed lease (a tenancy at will), so an unsigned form does not mean there are no obligations.

Is it mandatory to use the Massachusetts standard residential lease agreement form 401?

No. Massachusetts does not prescribe a lease form; Form 401 is a private association form, and landlords and tenants may use another lease or draft their own as long as it complies with Massachusetts law. A standardized form is a convenient starting point that covers the usual terms.

What is the most common residential lease in Massachusetts?

The Massachusetts Association of REALTORS publishes Form 401, and the Greater Boston Real Estate Board separately offers its Standard Form Apartment Lease (RH200/RH201). Both were drafted with Massachusetts law in mind, but the terms you fill in (for example a late fee before 30 days) can still be illegal, and a lease clause that conflicts with the law is void.

Can the terms of form 401 in Massachusetts be modified or customized?

Yes. Landlord and tenant may agree on lawful custom terms before signing. Section 21 of this form requires any later cancellation, modification or amendment to be in writing and signed by both landlord and tenant. Obtain legal advice if a change could conflict with Massachusetts law.

Massachusetts Standard Residential Lease Form 401 (Fixed Term): Fillable PDF

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What Is Form Massachusetts Residential Lease Agreement?

Form 401, the Massachusetts Standard Residential Lease (Fixed Term), is a MassForms lease published by the Massachusetts Association of REALTORS for its members; the Greater Boston Real Estate Board sells its own fixed-term apartment lease (RH200/RH201). It is the agreement under which a tenant occupies a home in Massachusetts for a fixed term and pays rent. The blank on this page carries a 1999 MAR copyright; MAR has issued later revisions and provides MassForms to its members.

Massachusetts Standard Residential Lease Agreement Form 401 Screenshot

What I need the Massachusetts rental agreement for?

As a property owner who rents out their real estate in Massachusetts, you need a lease to record the terms and conditions you have agreed with the tenant.
As a tenant, you need this agreement for the same purpose.
This form is drafted for Massachusetts and is not to be used outside the state.

How to Fill Out Massachusetts Residential Lease Agreement?

You can fill out a paper version of the blank or complete a fillable online document and share it with all the parties concerned. With a printable PDF, you can enter the necessary details online and then print out the agreement.

In section 1 on page 1, enter the names, addresses and telephone numbers of the landlord and the tenant.
Identify the premises in section 2, including what is included (storage, appliances) and excluded.
Specify the start and end dates of the lease in section 3.
In section 4, enter the total rent, the monthly instalment and its due date, and the security deposit. Massachusetts limits a security deposit to one month's rent, requires a written receipt when it is taken, and requires the landlord to hold it in a separate interest-bearing account in a Massachusetts bank and give the tenant the bank and account details within 30 days. Massachusetts law prohibits a late fee before rent is 30 days overdue; the served form's clause applies to a payment made more than 30 days after its due date.
In section 6, check who pays for heat fuel, hot-water fuel, electricity and gas. Any tenant payment obligation must be agreed in writing and meet Massachusetts metering requirements. This blank assigns water charges to the landlord; it has no checkbox for charging the tenant for water. A different water-billing arrangement requires an appropriate written agreement and compliance with G.L. c.186, section 22.
Enter the number of occupants in section 8.
In section 9, the landlord can name the person the tenant should contact for maintenance and repairs.

For most homes built before 1978, federal law requires the landlord to provide the lead warning, known lead information, all available lead records and reports, and the EPA pamphlet before the tenant signs the lease, and to complete the required signed disclosure. Massachusetts also requires its Tenant Lead Law Notification/Tenant Certification and the applicable inspection and compliance documents, subject to the state's exemptions. Section 15 of this blank acknowledges receipt of that notification; provide the required package before signing.

Organizations that work with Massachusetts rental lease agreement

Massachusetts real estate agencies and REALTORS

FAQ Massachusetts Form 401

What makes a lease legally binding in Massachusetts?

A written fixed-term lease should be signed by both landlord and tenant and state the essential terms: the parties, the premises, the rent and the term. A tenancy can also exist without a signed lease (a tenancy at will), so an unsigned form does not mean there are no obligations.
Is it mandatory to use the Massachusetts standard residential lease agreement form 401?

No. Massachusetts does not prescribe a lease form; Form 401 is a private association form, and landlords and tenants may use another lease or draft their own as long as it complies with Massachusetts law. A standardized form is a convenient starting point that covers the usual terms.
What is the most common residential lease in Massachusetts?

The Massachusetts Association of REALTORS publishes Form 401, and the Greater Boston Real Estate Board separately offers its Standard Form Apartment Lease (RH200/RH201). Both were drafted with Massachusetts law in mind, but the terms you fill in (for example a late fee before 30 days) can still be illegal, and a lease clause that conflicts with the law is void.
Can the terms of form 401 in Massachusetts be modified or customized?

Yes. Landlord and tenant may agree on lawful custom terms before signing. Section 21 of this form requires any later cancellation, modification or amendment to be in writing and signed by both landlord and tenant. Obtain legal advice if a change could conflict with Massachusetts law.

Massachusetts Standard Residential Lease Agreement Form 401