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Massachusetts Sublease Agreement

Most Massachusetts leases ban subletting without written consent. A sublease does not release the original tenant. Get consent before anyone else moves in.

The original tenant remains liable on the master lease.
The subtenant’s term cannot outlast the remaining master-lease term.
Required state notices still belong in the package.

Deposit rule of thumb

A security deposit generally may not exceed one month’s rent (Mass. Gen. Laws ch. 186, § 15B). First month’s rent, last month’s rent, and a reasonable lock/key fee may also be collected. Hold the deposit in a separate Massachusetts account, give the statutory receipts, and pay interest. Unused deposit plus an itemized list is generally due within 30 days. Noncompliance can cost triple damages.

Mass. Gen. Laws ch. 186, § 15B

Massachusetts does not prescribe a statewide 24-hour entry statute. Put a reasonable-notice entry clause in the lease. Emergency entry is customary.

A tenancy at will generally takes notice equal to the rental interval, often 30 days (Mass. Gen. Laws ch. 186, § 12).

LeaseGen.io is not a law firm. These notes are educational summaries, not advice.