Massachusetts Lease Agreement: What to Include
August 25, 2025Massachusetts has some of the more tenant-protective deposit and late fee rules in the country, and one especially distinctive requirement: late fees generally can't be charged until rent is a full 30 days overdue.
Security deposits
Massachusetts caps the security deposit at one month's rent, and requires landlords to pay interest on the deposit annually. Deposits must be returned within 30 days of move-out, along with a statement of the unit's condition at move-in — a specific document Massachusetts law expects landlords to provide.
Late fees generally can't apply until 30 days late
This is one of the most distinctive Massachusetts rules: late fees generally cannot be charged until rent is a full 30 days overdue, which is a much longer grace period than the 3-5 day grace periods common in many other states. A lease that charges a late fee after 5 days, modeled on another state's norms, risks being unenforceable in Massachusetts.
Required disclosures
A Massachusetts lease should include or accompany:
- • Federal lead-based paint disclosure (for pre-1978 buildings)
- • Security deposit receipt and statement of condition
- • Massachusetts lead law disclosure
- • Insurance information, which must be disclosed to the tenant if requested
The bottom line
The 30-day late fee threshold is the rule most likely to catch a landlord off guard in Massachusetts — many leases assume a much shorter grace period is standard. See LeasePilot HQ's full Massachusetts landlord-tenant law summary for the complete breakdown with sources, or generate a lease with Massachusetts-specific clauses built in automatically.
Frequently Asked Questions
When can I charge a late fee in Massachusetts?
Generally not until rent is a full 30 days late — a much longer grace period than the short grace periods common in many other states, so a lease charging a late fee after just a few days may not be enforceable.
Do I have to pay interest on a Massachusetts security deposit?
Yes — Massachusetts requires paying interest on the security deposit, typically on an annual basis, unlike many states that have no such requirement.
What is a statement of condition in Massachusetts?
It's a specific document describing the unit's condition at move-in that Massachusetts law expects landlords to provide, similar in purpose to a move-in condition report but tied to Massachusetts's specific security deposit statute.