The most important source of information about the rights and responsibilities of residential landlords and tenants is the written lease agreement. Some landlords prefer oral agreements, but it is more common for them to require the tenant's signature on a written lease—and a written lease protects the tenant more than an oral agreement. Be sure to read the lease carefully before you sign it.
If a tenant wants to change part of the lease, the tenant should discuss it with the landlord. If the landlord agrees, the landlord and tenant should decide how they want to word the change and then write it into the agreement. Both the tenant and the landlord should then initial the change. For example, many standard leases prohibit pets, but the landlord may be willing to accept a pet if the tenant puts down extra money as security (a pet deposit) to protect against any damage the pet might do.
A state’s landlord-tenant laws may provide additional rights and responsibilities and further define the rights and responsibilities identified in the lease agreement. These laws vary from state to state and are usually located in a state’s statutes.
In Massachusetts, the lease agreement is indeed a critical document for both landlords and tenants as it outlines their rights and responsibilities. While oral agreements are legally binding in Massachusetts, a written lease provides clearer evidence of the terms agreed upon and is generally considered more protective, especially for tenants. Before signing, tenants should thoroughly review the lease and negotiate any desired changes with the landlord. Any amendments should be written into the lease and initialed by both parties to ensure they are legally enforceable. It's important to note that Massachusetts law, including the State Sanitary Code, the Security Deposit Law, and the Quiet Enjoyment Law, among others, provides additional protections and obligations that may not be fully captured in the lease agreement. These laws prevail over the lease, meaning that any lease provision that contradicts state law would be considered unenforceable. Tenants and landlords should be aware of these statutory rights and responsibilities, which can be found in the Massachusetts General Laws.