The Massachusetts Rental Agreement

A Massachusetts rental agreement can be one of two types:

  1. Tenancy at Will, or
  2. Lease

The difference is whether landlord and tenant are obligated to stay to one another.  In a tenancy at will, either is free to end the relationship with notice given 30 days or one full rental period in advance (whichever is longer). Lease agreements are helpful only if there’s a serious downside to having someone leave within a year.

When people talk about rental agreements, they often use the word “lease,” but it’s very important that you know which one you’re using.  The forms downloadable on this site have numbered paragraphs that let you easily compare sections.  Many sections are the same for the lease and the tenancy at will.  The lease page points out differences by paragraph number.

Download the Right Massachusetts Rental Agreement for You

If you want to see the list of forms that will complete your rental package, visit our forms page.

Or click here to jump right to a downloadable tenancy at will or a lease.

What Happens if you Don’t Use a valid Massachusetts Rental Agreement?

In Massachusetts, you can wind up with what’s called a “tenant at sufferance.”  If it comes to an eviction, the process of giving notice may be faster, but in every other way “tenant at sufferance” is a worse state of affairs. The judge will use their knowledge of the law to determine who wins in any difference of opinion. Odds are good that as a landlord you will be looked down upon if you don’t have your paperwork in order.



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