The Lease—What You Should Know

What is a lease?

A lease is a written agreement between a landlord and a tenant that allows the tenant to live in an apartment at a set rent and under certain conditions for a specified period of time.

What does tenant-at-will mean?

Occasionally, you will find an apartment that offers a tenant-at-will arrangement, which means that the renter occupies a unit on a month-to-month basis. Either the landlord or the tenant can end the arrangement at any time with 30-days written notice—or one full rent period, whichever is longer. When you sign a lease, your rent is fixed, but under a tenancy-at-will, the landlord can raise your rent with 30-days notice (or one full rent period).

Key things you should know before signing a lease

• Most leases are for one year, although the term of the agreement can vary.
• A lease protects you and the landlord. Both of you are legally obligated to fulfill all the terms of the lease.
• Some leases are self-renewing, so if there is no notice given by either the landlord or the tenant by a certain date (specified in the lease), the agreement is automatically renewed for another year.
• The landlord is required to give you a copy of the lease within 30 days and may be fined for noncompliance.
• Put everything in writing—verbal agreements are difficult to enforce.
• Read the lease carefully. Don’t be afraid to ask the landlord questions. The staff at the Off-Campus Housing Service will review your lease with you if you are having trouble understanding any of the terms or clauses.
• If there are clauses you would prefer to remove—or add—ask the landlord to change the lease. Both of you should then initial that change.
• Most landlords use a standard Rental Housing Association (RHA) lease and will add any special provisions to that document.
• Generally, you will not be able to end your lease early, unless you can reach a special agreement with your landlord.

Look for these details in the lease

• Dates—the timeframe during which you are legally authorized to live in and obligated to pay rent for the apartment
• Renewal—when you must renew your lease
• Notice—the deadline for notifying the landlord that you are moving out
• Subletting—if you need to move out before the end of your lease, subletting to another qualified individual may be an option
• Pets—which, if any, are allowed
• Utilities—who pays for electricity, heat, hot water
• Parking—availability and cost of parking
• Appliances—appliances provided (refrigerator, stove, air conditioner)
• Repairs—any repairs that you know need to be made should be written into the lease before you sign
• Fuel and Tax Escalation Clauses—if costs go up, the tenant pays a percentage
• Landlord’s Right of Entry—specifies under what circumstances your landlord is allowed to enter the apartment

How to protect yourself

• Review Massachusetts laws about landlord and tenant rights and responsibilities on the Massachusetts Trial Court website before paying your security deposit.
• Get a copy of your lease as soon as possible upon signing.
• Review the Housing Code Checklist to make sure the apartment meets the legal standard for rental housing.
• Inspect the apartment thoroughly and record any damages you find at the time you move in. Both you and the landlord must sign and date this statement.
• Keep a record of all transactions concerning your tenancy. Get signed and dated receipts for any payments to the landlord and be sure the receipt correctly states the date and reason for the payment.
• Pay rent by check, because it serves as a guaranteed receipt. Specify on the back of the check that it is “for rent payment only” since the memo portion on the front is not legally binding. If you must pay cash, always request a receipt.
• The landlord must give you a signed and dated receipt for the security deposit, which must not exceed one month’s rent and is due upon signing the lease.
• Keep a file of important documents, including the lease and any receipts or letters to and from your landlord.