Massachusetts Residential Lease Agreement
THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered on _________ by and
between Randolph Williams (hereinafter referred to as "Landlord") and ______________
(hereinafter referred to as "Tenant").
W I T N E S S E T H :
WHEREAS, Landlord is the free owner of certain real property being, lying and situated in Middlesex County, Massachusetts,
such real property having a street address of________616 Boston Ave, Medford, MA 02155
(hereinafter referred to as the "Premises").
WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as contained herein; and
WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein;
NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows:
1. TERM. This Agreement shall commence on _______ ("Commencement Date").:
____ A. Month-to-Month: This Agreement shall continue as a month-to-month tenancy. If at any time Tenant desires to
terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to
terminate must be provided to Landlord at least 60 days prior to the desired date of termination of the tenancy. If at any time
Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to
terminate at least 30 days prior to the desired date of termination of the tenancy. Notices to terminate may be given on any
calendar day, irrespective of Commencement Date.__________
B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on
(date)______________Upon termination date, Tenant shall be required to vacate the Premises unless one of the
following circumstances occur: (i) Landlord and Tenant formally extend this Agreement in writing or create and execute a new,
written, and signed agreement; (ii) local rent control law mandates extension of the tenancy; or (iii) Landlord willingly accepts
new Rent from Tenant, which does not constitute past due Rent. In the event that Landlord accepts from Tenant new rent, a
month-to-month tenancy shall be created. Either party may terminate this month-to-month tenancy by following the procedures
specified in paragraph 1A. Rent shall continue at the rate specified in this Agreement, or as allowed by law. All other terms and
conditions as outlined in this Agreement shall remain in full force and effect.
2. RENT. The total rent for the term hereof is $_______payable on the 1st day of each month of the term, in
equal installments of$_______first installment to be paid upon the due execution of this Agreement. All such
payments shall be made to Landlord at Landlord’s address as set forth in the preamble to this Agreement on or before the due
date and without demand.
3. SECURITY DEPOSIT. Upon the due execution of this Agreement, Tenant shall deposit with Landlord the sum of
$__________receipt of which is hereby acknowledged by Landlord, as security for any damage caused
to the Premises during the term hereof. In accordance with ALM GL ch.186, § 15B, such deposit received by Landlord shall be
held in a separate, interest-bearing account in a bank, located within the Commonwealth under such terms as will place such
deposit beyond the claim of creditors of the Landlord. Such deposit shall be returned to Tenant, with interest at the rate of five
per cent per year or other such lesser amount of interest as has been received from the bank where the deposit has been
held, and less any set off for damages to the Premises upon the termination of this Agreement.
4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting
of________ exclusively, as a private single family dwelling, and no part of the
Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business,
profession, or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any
other person, other than Tenant's immediate family or transient relatives and friends who are guests of Tenant, to use or
occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws,
ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use,
occupancy and preservation of the Premises.
5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that
they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition.
6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the
Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment,
sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An
assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation oflaw shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.
7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the
Premises or construct any building or make any other improvements on the Premises without the prior written consent of
Landlord. Any and all alterations, changes, and/or improvements built, constructed or placed on the Premises by Tenant shall,
unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and
remain on the Premises at the expiration or earlier termination of this Agreement.
8. NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the
commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or its agents shall have no liability,
but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty (30) days in which
to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay
the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of
Landlord or its agents, then this Agreement and all rights hereunder shall terminate.
9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive
character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered
hazardous or extra hazardous by any responsible insurance company.
10. UTILITIES. Tenant shall be responsible for arranging for and paying for all utility services required on the Premises, except
heat and hot water.
11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and
appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without
limiting the generality of the foregoing, Tenant shall:
(a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall be used for the purposes of
ingress and egress only;
(b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair;
(c) Not obstruct or cover the windows or doors;
(d) Not leave windows or doors in an open position during any inclement weather;
(e) Not hang any laundry, clothing, sheets, etc. from any window, rail, porch or balcony nor air or dry any of same within any
yard area or space;
(f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord;
(g) Keep all air conditioning filters clean and free from dirt;
(h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same
only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or
other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped
plumbing resulting from misuse shall be borne by Tenant;
(i) And Tenant's family and guests shall at all times maintain order in the Premises and at all places on the Premises, and shall
not make or permit any loud or improper noises, or otherwise disturb other residents;
(j) Keep all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere
with other residents;
(k) Deposit all trash, garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash, garbage,
rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements;
(l) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto
which may be adopted or promulgated by the Condominium or Homeowners' Association having control over them.
12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire, storm,
earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except
for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be
accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying
rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby
be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or
terminating this Lease. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate
in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as
speedily as practicable, after which the full rent shall recommence and the Agreement continue according to its terms.
13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term
of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings
and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed
appropriate by Landlord for the preservation of the Premises or the building. Landlord and its agents shall further have the
right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within
forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing
placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises.
14. INSURANCE: Tenant acknowledges that Landlord insurance does not cover personal property damage caused by fire,
theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall Landlord be held liable for such losses. Tenant
is hereby advised to obtain his own insurance policy to cover any personal losses.
15. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate, junior and
inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by Landlord, all advances
made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable
on such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or
16. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural
expiration of this Agreement, a new tenancy from month-to-month shall be created between Landlord and Tenant which shall
be subject to all of the terms and conditions hereof except that rent shall then be due and owing at$_________per
month and except that such tenancy shall be terminable upon sixty (60) days written notice served by either party.
17. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant shall surrender the Premises in as good a
state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and
damages by the elements accepted.
18. ANIMALS. Tenant shall be entitled to keep no more than 0 domestic dogs, 2 cats or birds.
19. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and
Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations, shall
& may peacefully and quietly have, hold & enjoy said Premises for the term hereof.
20. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family, guests,
invitees, agents or employees or to any person entering the Premises or the building of which the Premises are a part or to
goods or equipment, or in the structure or equipment of the structure of which the Premises are a part, and Tenant hereby
agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature.
21. DEFAULT. If Landlord determines that the Tenant is in default of this Agreement, Landlord may provide Tenant with a
written Notice to Quit, and Tenant shall have a limited number of days to cure the default unless otherwise accepted.
Specifically, (a) for the failure to pay rent when due, Tenant shall have fourteen (14) days to cure; and (b) for activities in
contravention of this Agreement (including but not limited to having or permitting unauthorized pets, guests, or vehicles;
parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary), the Tenant
shall have seven (7) days to cure. If Tenant fails to cure the default within the required time frame, Landlord may immediately
terminate this Agreement, and Tenant shall immediately vacate the Premises and shall return the keys to Landlord. However,
if Tenant’s default is of a nature that Tenant should not be given an opportunity to cure the default (including but not limited to
destruction, damage, or misuse of Landlord's or other tenants' property by intentional act or a subsequent or continued
unreasonable disturbance), Landlord may deliver a written Notice to Quit to Tenant specifying the default and Landlord's intent
to terminate this Agreement. In such event, Landlord may terminate this Agreement, and Tenant shall have seven (7) days
from the date that the notice is delivered to vacate the premises. In addition, if this Agreement is terminated pursuant to this
paragraph, Landlord may, at Landlord's option, declare the entire balance of rent payable hereunder to be immediately due
and payable and may exercise any and all rights and remedies available to Landlord at law or in equity.
22. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within thirty (30) days
of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the
amount of $20.00.
23. RETURN CHECK CHARGE. Tenant agrees to pay a fee of $50.00 for any checks that are returned from the bank unpaid.
24. ABANDONMENT. If at any time during the term of this Agreement Tenant abandons the Premises or any part thereof,
Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming
liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for
Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then
unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Landlord's option, hold Tenant
liable for any difference between the rent that would have been payable under this Agreement during the balance of the
unexpired term, if this Agreement had continued in force, and the net rent for such period realized by Landlord by means of
such reletting. If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant, then Landlord shall
consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case
Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved
of all liability for doing so.
25. ATTORNEYS' FEES. Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or
covenants hereof, including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses
so incurred, including a reasonable attorneys' fee.
26. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the
event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option, terminate immediately and Landlord
shall be entitled to all rights and remedies that it has at law or in equity.
27. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the
Commonwealth of Massachusetts.
28. 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.
29. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the
benefit of the heirs, legal representatives, and assigns of the parties hereto.
30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not
intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant.
31. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.
32. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's
duties and liabilities hereunder.
33. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this
Agreement shall not be modified, changed, altered or amended in any way except through a written amendment signed by all
of the parties hereto.
34. LEASE RELEASE. Tenant may choose to terminate the Agreement before the natural expiration of the Agreement. To
exercise this option, Tenant must submit his intentions, in writing, to Landlord at least thirty (30) days before termination and
must pay a penalty equal to a single monthly installment in addition to their final months’ rent. In paying this penalty, the
Agreement will be terminated and the Landlord will not hold the Tenant accountable for any of the monthly installments
remaining in the term of this Agreement. The Landlord may choose to terminate the Agreement before the natural expiration of
the Agreement. To exercise this option, the Landlord must submit his intentions, in writing, to the Tenant at least forty-five days
before the date of termination. The Tenant has the option of moving out at any time before the date of termination. The Tenant
is responsible for paying all rents due up until the date he moves out. On the date of the move out the Landlord must refund an
amount equal to one (1) monthly installment to the Tenant.
35. NOTICE. Any notice required or permitted under this Lease or under state law shall be deemed sufficiently given or served
if sent by United States certified mail, return receipt requested, addressed as follows:
If to Landlord to:
PO Box 440422
Somerville, MA 02144
If to Tenant to:
___________ and all occupants
_____________616 Boston Ave, Medford MA 02155
Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph
by written notice thereof to the other party.
36. ADDITIONAL PROVISIONS; DISCLOSURES.
* Rent includes access to parking spot 31 and storage unit
* Additional rental spots are available for the additional fee of $50 (indoor) to $75 (outdoor) per month
616 Boston Ave, Medford MA 02155
* Replacement keys are $50