Read the Lease Carefully

Both you and your landlord must sign your lease. Within 30 days of signing it, the landlord must give you a copy.¹ The lease must include the following information:

• The amount of rent,
• The date on which your tenancy ends,²
• The amount of your security deposit, if you paid one,
• All your rights concerning the security deposit,³ and
• The names, addresses, and phone numbers of your landlord, any other person responsible for maintaining the property, and the person authorized to receive notices and court papers.⁴

If a lease does not include an ending date or a rent amount, the lease will not be valid.

Many landlords use "standard form leases." While these standard leases are generally weighted in favor of landlords, you can request a landlord to either add or take away specific terms so that a lease is more tailored to your situation. For example, if there is a no pet clause in the lease and the landlord agreed you could have a pet, you should ask to add that to the lease. When you change a lease—either by adding or removing words—make sure that both you and your landlord write your initials next to each change.

A landlord may be more willing to make changes to a lease at the time you agree to rent or if it is off-season for renting apartments in the area, there are a lot of vacant units, or she wants to rent an apartment quickly.

But be careful. While a lease may look like a standard lease and a landlord may even say that it is a standard lease form, it still might have illegal clauses.

Some leases may contain illegal clauses. For example, the following clauses are illegal:

• A clause that says the tenant is responsible for making all repairs. (The law requires the landlord to make repairs, except when a tenant breaks something.)
• A clause that says a landlord can use your security deposit to pay for utilities if you don't pay for them. (A security deposit can only be used to pay for damage caused by the tenant or for rent if the tenant moves out owing rent to the landlord.)
• A clause that says you must pay for electricity or gas where the service or bill is in your landlord's name. (A landlord must pay electricity or gas unless there is a meter which separately calculates the tenant's utility use.)
• A clause that says that immediately upon termination of your lease you must pay all rent due for the remainder of the term of the lease.⁵ (While you may have to pay some rent if you or your landlord end your lease before it is over, a landlord also has a duty to find a replacement tenant for the remainder of the lease.⁶ )

But don't worry—if there is an illegal clause, a landlord cannot force you to comply with it.⁷ If you feel you will lose an apartment unless you sign a lease with an illegal clause, sign the lease and move in. Your lease will still be valid except for the illegal parts.⁸

There are two major advantages to having a written lease. The first advantage is that a lease offers you more security because a landlord cannot evict you until your lease ends, unless you violate ( breach ) your lease. The second advantage is that your landlord cannot raise your rent until the term of the lease is over.

For example, if you sign a one‑year lease, your landlord cannot raise the rent for a year, except through a tax escalator clause. (For more about tax escalator clauses, see Common Lease Clauses). If you and your landlord agree to a rent increase and put this agreement in writing, the landlord cannot legally raise your rent during the term of the lease.⁹

There are also several disadvantages to having a written lease. The first disadvantage is that if you move out before your lease ends, a landlord can try to force you to pay the rent until your lease ends. But, depending on the circumstances, you may not have to pay rent after you leave. Under the law, a landlord has an obligation to look for another tenant as soon as you give her notice that you are leaving. In some situations, the law also allows you to break your lease. For more information about ending your lease early, see Chapter 11: Moving Out.

The second disadvantage of having a written lease is that it may impose restrictions on you that a landlord might not impose without a written lease. For example, standard leases often prohibit tenants from having pets. Standard leases may also limit the number of roommates you can have or if you can sublet. You can try to renegotiate these and others terms of a written lease at any point during your tenancy .

Most leases are not written in plain English, and, in many cases, it is not clear what certain terms mean. For example, instead of using the words "landlord" and "tenant," leases usually refer to the landlord as the lessor and the tenant as the lessee. Below is a list of the most common lease terms and clauses and what you should watch out for.

Disturbance or Improper Use Clause

This is a clause that says a tenant or any person in her apartment is not allowed to disturb other tenants or use the apartment for illegal purposes. If you are involved in a dispute with your landlord, she may try to use this clause to threaten you with eviction . If she does, try to get signed and notarized statements from other tenants which say that you have not disturbed them.¹⁰ Also, under state law, a landlord does not have to give a tenant a notice to quit before evicting her if the tenant uses the premises for prostitution, gambling, lewdness, illegal sale of alcohol, or illegal possession or sale of drugs.¹¹ If your landlord tries to evict you for improper use of your apartment, you should consult a lawyer as soon as possible.

Note

Your landlord also has a duty not to disturb you in the use and enjoyment of your home.¹² If your landlord substantially interferes with your use of the apartment, a court may compensate you for the harm that you have suffered. For more information, see Chapter 13: When to Take Your Landlord to Court.

Self-Extending or Option-to-Renew Clauses

An extension clause (also called "self-extending") says that if you or your landlord want to end the tenancy at the end of the lease, you must give each other written notice by a certain date. If you do not, the lease will automatically extend for another term. If, on the other hand, your lease gives you an option to renew, you must give your landlord written notice that you want to stay. Self‑extending leases are more common than option-to-renew leases. For important information about how to protect yourself if you have either a self-extending or an option-to-renew clause, see How Long Is My Lease Valid?

Late Payment Penalty and Discount Clauses

The late payment penalty clause says that you must pay the landlord more money if you do not pay your rent on time. "Late" may be defined as any time after the sixth of the month. If you pay only several days late and your landlord demands a $5 or $10 penalty, for example, you do not have to pay this penalty. A landlord has no right to a late penalty until a tenant is 30 days late paying the rent.¹³

If you do not have a lease, or if your lease does not have a penalty clause, you cannot be charged a penalty—even after 30 days. A landlord may also disguise a late payment penalty clause by calling it a "discount clause." A discount clause is where a lease says that your rent is $675, but that if you pay before the fifth of the month your rent will be "discounted" by $50 and you will only have to pay $625. This is illegal.¹⁴ If you have a discount clause and the landlord tries to collect what is really a $50 late penalty, do not pay. If a landlord continues to ask you for the money, tell your landlord (in writing) that under Massachusetts law, this clause is illegal. ¹⁵

Tenant's Covenants in Event of Termination Clause

This is a clause that may make you responsible for paying the landlord for losses she may suffer as a result of your leaving early or her having to evict you. This may include the cost of getting the apartment in shape for leasing it to someone else, loss of rent for the time of your lease period the apartment remained vacant, and loss of rent if the new tenant is paying less than you were.¹⁶ A landlord must, however, make reasonable efforts to find a new tenant and to keep her losses down.¹⁷

Loss or Damage Clause

This is a clause that says you agree to pay back, or "indemnify," the landlord if you are responsible for an accident in the building that causes you, a household member, or a guest to be hurt or your property to be damaged. This clause does not require you to pay the landlord if an injury or property damage occurs because of your landlord's negligence or misconduct.¹⁸ It also does not stop you from being able to sue your landlord for injuries or damage to your property caused by an accident in your building. It is worth consulting a lawyer if anything of this nature happens.

Notice Clause

This is a clause that says when and how you and your landlord must send each other notices or information. For example, the landlord must give you notice in order to end or terminate a tenancy.¹⁹ Sometimes, leases require that notices be sent in writing in one of two ways: (1) by certified or registered mail , or (2) by hand delivery. The landlord must print an address on the lease to which the tenant is to send notices.²⁰ The landlord must also accept any notice delivered to that address.²¹

Pet Clause

This is a clause that prohibits pets or requires the landlord's written permission before you can keep a pet. If a landlord tells you that you can keep your pet, make sure she crosses this clause out of the lease and that you both write your initials next to the clause. If you did not do this when you first moved in and you have a pet, you may be able to keep your pet if your landlord knows you have one and still accepts rent without stating that you must get rid of the pet or move.²²

If you have a pet and the landlord tries to evict you for violating the lease by having the pet, you may be able to defend against an eviction if you have a disability and your pet is helpful to you with that disability. If this is the case, your landlord may have a duty to provide you with a reasonable accommodation by letting you keep your pet. Write a letter to the landlord telling her that you need your pet because of your disability and ask for a reasonable accommodation . Attach to your letter a doctor's letter outlining the necessity of your having a particular kind of pet. For more about reasonable accommodation see Discrimination Based on Disability.

Repair Clause

This is a clause that says you agree to keep the premises in good repair, "reasonable wear and tear accepted." Remember, however, that the law requires your landlord to maintain and repair your apartment in safe and sanitary condition.²³ You are required only to repair damages caused by you, a household member, or a guest. For more information about repairs, see Chapter 8: Getting Repairs Made.

Redelivery Clause

This is a clause that says that at the end of your lease term you must leave your apartment in good, clean, and rentable condition, reasonable wear and tear excepted. If it is not, the landlord may deduct the cost of repairing the damage from your security deposit ²⁴ and may be entitled to sue you for any remaining amount of money that it cost her to put the apartment back into the required condition if the security deposit is not enough to cover the damage.²⁵

Right of Entry Clause

This is a clause that says your landlord can enter your apartment only under the following circumstances: (1) to inspect the apartment, (2) to make repairs, or (3) to show the apartment to a prospective purchaser, tenant, or mortgagee . Any part of your lease that states other reasons that your landlord can enter your apartment is illegal.²⁶

Subletting Clause

This is a clause that requires the landlord's written consent for subletting your apartment. To comply with this provision, if you sublet, make sure to get your landlord's permission in writing.²⁷ For more information about subletting, see Chapter 11: Moving Out.

Tax Escalator Clause

This is a clause that says that if local property taxes go up, your landlord can increase your rent. Back when taxes were going up rapidly, these clauses were one way for landlords to raise the rent. If a tax escalator clause is not written in a certain form, it may be illegal and your landlord may not be able to raise your rent. For more information about tax escalator clauses and how you might save yourself some money, see Chapter 5: Rent.

Termination Clause

This is a clause that says how much notice a landlord must give you if she wants to evict you. A termination clause does not mean that the landlord can come into your apartment and physically throw you out. A landlord can never evict a tenant without a court's permission.²⁸ Under the law, there are specific rules that landlords must follow in order to evict a tenant. For more information about how much notice your landlord must give you, see Chapter 12: Evictions.