Massachusetts Residential Lease Agreement

Massachusetts Residential Lease Agreement

(Lease for Term or Month-to-Month)

Terms and Conditions

Landlord is authorized to lease the real property in the Massachusetts county stated in the Data Schedule, having the street address stated there (the "Premises").

1. TERM. This Agreement shall commence on the Commencement Date stated in the Data Schedule.

CHECK EXACTLY ONE — (a) OR (b):

(a) Lease for Term. This Agreement shall continue as a lease for term. The Termination Date shall be the date stated in the Data Schedule at 11:59 PM. Upon the Termination Date, Tenant shall vacate the Premises unless (i) Landlord and Tenant formally extend this Agreement in writing or execute a new written agreement; or (ii) local rent-control law mandates extension of the tenancy. Any payment accepted after the Termination Date is for use and occupancy only and does not create a tenancy at will unless Landlord agrees in writing. Absent such a writing, a holdover Tenant is a tenant at sufferance under G.L. c. 186, § 3.

(b) Month-to-Month. This Agreement shall continue as a month-to-month tenancy at will. Either party may terminate this tenancy by a written notice of intention to terminate given to the other party. The date of termination stated in the notice shall be a day on which Rent is payable. The notice shall be received at least one full interval between the days of payment of Rent, or thirty (30) days, whichever is longer, before that date, in accordance with G.L. c. 186, § 12. Any such notice may include an offer to establish a new tenancy for the Premises on different terms without affecting the validity of the notice.

2. RENT. Under this Agreement, "Rent" means the monthly periodic rent stated in the Data Schedule. Other sums due (including any late fee) are "Additional Charges," recoverable as damages but not "rent" for purposes of G.L. c. 186, § 15B(1)(b) or (1)(c), except as a court may otherwise require. The Security Deposit is neither Rent nor an Additional Charge. Tenant shall pay Landlord the monthly Rent stated in the Data Schedule. Due date for Rent payment shall be the 1st day of each calendar month and shall be considered advance payment for that month. If not remitted on the 1st, Rent shall be considered overdue and delinquent on the 2nd day of each calendar month. In the event that the Commencement Date is not the 1st of the calendar month, Rent payment remitted on the Commencement Date shall be prorated based on a 30-day period. Any prorated amount for a partial first period is part of, and not in addition to, the "rent for the first full month of occupancy" permitted by G.L. c. 186, § 15B(1)(b)(i). No amount beyond the four items listed in § 15B(1)(b) may be required at or before commencement. Unless otherwise required by applicable law, payments received from Tenant shall be applied first to Rent, oldest first, and then to Additional Charges, oldest first.

Acceptable forms of payment of Rent to Landlord shall be as checked below. Payment shall be made to Landlord under the name and address stated in the Data Schedule. In the event that any payment by Tenant is returned for insufficient funds ("NSF") or if Tenant stops payment, Landlord may require in writing that Tenant pay Rent in cash for three months, and that all future Rent payments shall be remitted by Tenant to Landlord by money order or cashier's check. As to any returned payment, Landlord reserves all rights and remedies available under applicable law, including G.L. c. 93, § 40A.

Personal check

Money order

Cashier's check

Other:

Last month's rent in advance — CHECK EXACTLY ONE:

Tenant shall pay the last month's rent in advance, and Landlord shall give the receipt required by G.L. c. 186, § 15B(2)(a) as provided below.

Tenant shall not pay the last month's rent in advance.

If the parties agree that Tenant shall pay the last month's rent in advance, then, in accordance with G.L. c. 186, § 15B(2)(a), upon receipt of the last month's rent, Landlord shall provide Tenant a receipt indicating the amount of such rent, the date on which it was received, its intended application as rent for the last month of the tenancy, the name of the person receiving it and, in the case of an agent, the name of the Landlord for whom the rent is received, a description of the rented or leased premises, a statement indicating that Tenant is entitled to interest on said rent payment 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 a statement that Tenant should provide Landlord a forwarding address at termination indicating where such interest may be given or sent. Commencing on the first day of tenancy, Landlord shall attribute to Tenant 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. At the end of each year of tenancy, Landlord shall give or send Tenant a statement of the interest payable on the last month's rent and shall at the same time pay that interest or notify Tenant that Tenant may deduct it from the next Rent payment, as provided in § 15B(2)(a).

3. SECURITY DEPOSIT. Tenant shall deposit with Landlord the amount stated in the Data Schedule, in an amount not to exceed one (1) month's rent as permitted by G.L. c. 186, § 15B(1)(b), or write "none" if no security deposit is taken. If the amount inserted is "none," the remainder of this section does not apply. If a security deposit is collected, receipt shall be evidenced by the receipt required by G.L. c. 186, § 15B(2)(b). Landlord may deduct from the deposit only the amounts, and only in the manner, permitted by § 15B(4): (i) unpaid rent or water charges that have not been validly withheld or deducted pursuant to any general or special law; (ii) any unpaid increase in real estate taxes Tenant is obligated to pay under a tax-escalation clause that conforms to § 15C (this Agreement contains none unless added under ADDITIONAL PROVISIONS); and (iii) a reasonable amount necessary to repair damage caused to the Premises by Tenant or by any person under Tenant's control or on the Premises with Tenant's consent, reasonable wear and tear excluded, and only upon providing Tenant, within thirty (30) days after termination of the tenancy, an itemized list of damages sworn to by Landlord or Landlord's agent under the pains and penalties of perjury, itemizing in precise detail the nature of the damage and of the repairs necessary to correct it, together with written evidence such as estimates, bills, invoices, or receipts indicating the actual or estimated cost thereof. No deduction may be made for any condition listed on the Statement of Present Condition delivered under § 15B(2)(c), or on any separate list submitted by Tenant and signed by Landlord, except for renewed damage following repair as provided in § 15B(4). No deduction may be made for any purpose other than those set forth in § 15B(4). Any provision of this Agreement that conflicts with § 15B is void under § 15B(8).

Accrual of Interest. In accordance with G.L. c. 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. Landlord shall give Tenant, within thirty (30) days after receiving the deposit, the receipt required by G.L. c. 186, § 15B(3)(a) stating the name and location of the bank and the amount and account number of the deposit. Such deposit shall be returned to Tenant, with interest at the rate of five (5) per cent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held, less any deduction permitted by § 15B(4), within thirty (30) days after termination of the tenancy.

Required Annual Notice. At the end of each year of tenancy, Landlord shall give or send to Tenant from whom a security deposit has been received a statement which shall indicate the name and address of the bank in which the security deposit has been placed, the amount of the deposit, the account number, and the amount of interest payable by such Landlord to Tenant. Landlord shall at the same time give or send to Tenant the interest which is due.

4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family, consisting of the occupants listed in the Data Schedule, 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, except as documented in the Statement of Present Conditions of Premises delivered to Tenant pursuant to G.L. c. 186, § 15B(2)(c), they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. This section shall not be construed to waive, limit, or shift any duty of Landlord, or any right or remedy of Tenant, under the State Sanitary Code (105 CMR 410.00), G.L. c. 111, §§ 127C through 127I, or G.L. c. 186 (including §§ 14 and 15B), any waiver of which is void as against public policy.

6. ASSIGNMENT AND SUBLEASING. Tenant shall not assign this Agreement, or sublease 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, subleasing or license shall not be deemed to be a consent to any subsequent assignment, subleasing or license. An assignment, subleasing or license without the prior written consent of Landlord or an assignment or subleasing by operation of law shall be void as against Landlord. Landlord may treat any such assignment, subleasing, or license as a default under § 24 (Default) and pursue possession and other remedies only as provided by law. This section does not authorize self-help.

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 arrange and pay for the following utility services, each of which is separately metered to the Premises, or, in the case of heating fuel, separately delivered and billed to Tenant as checked below.

Electricity

Gas

Heating fuel

Other:

Landlord shall furnish all other utility services required by law. Water and sewer charges shall not be billed to Tenant except in strict compliance with G.L. c. 186, § 22, pursuant to a separate written agreement. Nothing in this section relieves Landlord of any duty 105 CMR 410.00 requires the owner to perform (G.L. c. 186, § 14).

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; provided, however, that nothing in this section or its subsections shall be construed to relieve Landlord of, or to transfer to Tenant, any duty imposed on Landlord by the State Sanitary Code (105 CMR 410.00), G.L. c. 111, §§ 127C through 127I, or G.L. c. 186, §§ 14 or 15B, except to the extent an applicable law or regulation expressly permits such a duty to be allocated to an occupant by written rental agreement. 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, except that Tenant, a co-tenant, or a household member may add or change locks as provided by G.L. c. 186, § 26 (domestic violence, rape, sexual assault, or stalking protections). Upon a request that complies with § 26, Landlord shall, within two (2) business days, make a good-faith effort to change the dwelling-unit locks or give written permission to the requester to do so, and may charge a fee not exceeding the reasonable price customarily charged for that work in the community. Occupant self-change is permitted only after Landlord's failure to comply with that two-business-day duty; the person changing the locks shall then make a good-faith effort to give Landlord a key within two (2) business days, using locks of similar or better quality installed in a workmanlike manner. Landlord may deny a key to any person Landlord reasonably believes is the perpetrator identified in a § 26 request and shall not be liable for that refusal. This exception does not authorize any other unapproved lock change;

(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. ALLOCATED RESPONSIBILITIES. To the extent permitted by 105 CMR 410.00, the parties allocate the following occupant duties by this written rental agreement as checked below.

Tenant shall furnish and maintain a functioning cooktop or stove and refrigerator.

Tenant shall remove snow and ice from paths of exclusive egress serving only the Premises.

Tenant shall be responsible for pest elimination within the Premises (single dwelling unit).

Nothing in this section relieves Landlord of any duty 105 CMR 410.00 requires the owner to perform except to the extent the Code expressly permits allocation by written rental agreement.

13. INSURANCE. Landlord, Landlord's agent or manager, or, if applicable, the Condominium or Homeowners' Association, are not responsible for insuring Tenant's or Tenant's permitted visitors' personal property and vehicles against loss or damage due to theft, vandalism, fire, water, rain, criminal or negligent acts of others, or any other cause. Landlord has advised Tenant to carry Tenant's own insurance (renter's insurance) to protect Tenant from any such loss or damage. The parties agree that, upon notification by Landlord, Tenant shall take all actions necessary to avoid: (i) an increase in Landlord's insurance premium (or Tenant shall pay for the increase in premium); or (ii) loss of insurance.

14. SMOKE AND CARBON MONOXIDE ALARMS. Tenant shall not disable, remove, or tamper with any smoke detector or carbon monoxide alarm required by G.L. c. 148, §§ 26E through 26F½, and shall promptly notify Landlord of any known malfunction.

15. 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 or willful misconduct of Tenant, Landlord may, within thirty (30) days after the casualty, elect in writing either (i) to terminate this Agreement as of the date of the casualty, except for the purpose of enforcing rights that may have then accrued, or (ii) to rebuild or restore the Premises. Rent shall abate while the Premises are uninhabitable. If Landlord elects to rebuild, Landlord shall restore the Premises as speedily as practicable, after which full rent shall recommence and this Agreement continue according to its terms. Should a portion of the Premises thereby be rendered uninhabitable, Landlord shall have the option of either repairing such injured or damaged portion or terminating this Agreement. In the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured part 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. While the Premises remain occupied, nothing in this section relieves Landlord of any duty under 105 CMR 410.00.

16. INSPECTION OF PREMISES. In accordance with G.L. c. 186, § 15B(1)(a), Landlord and Landlord's agents may enter the Premises to inspect; to make repairs; or to show the same to a prospective tenant, purchaser, mortgagee or its agents; and may also enter (i) pursuant to court order, (ii) if the Premises appear to have been abandoned, and (iii) within the last thirty (30) days of the tenancy, or after either party has given notice of intention to terminate, to inspect for damage that would support a deduction from any security deposit. Except in an emergency, or as otherwise permitted by law or court order, Landlord shall give Tenant reasonable advance notice of entry and shall enter only at reasonable times; for access to effect compliance with the State Sanitary Code, Landlord shall provide at least forty-eight (48) hours' notice in accordance with 105 CMR 410.003(E). Landlord may exhibit the Premises and display usual "for sale," "for rent," or "vacancy" signs during the term.

17. PARKING. Tenant may park only in the space or spaces, if any, designated by Landlord:

No other vehicle may be parked on the Premises without Landlord's prior written consent. Unauthorized parking is a default under § 24 (Default). If a Parking Addendum or the property's own parking or towing rules are attached and checked under § 40 (Additional Provisions; Disclosures), those rules control spaces, guests, and towing to the extent lawful. This form does not supply those rules.

18. 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 encumbrances. Upon written request, Tenant shall attorn to any foreclosure purchaser or successor in interest as Landlord under this Agreement, without impairing any right Tenant has under G.L. c. 186, § 13A.

19. 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 the consented holdover rent stated in the Data Schedule per month and except that such tenancy shall be terminable upon written notice served by either party equal to the interval between the days of payment of rent or thirty (30) days, whichever is longer, in accordance with G.L. c. 186, § 12. If no amount is inserted, the monthly Rent then in effect applies. If Tenant remains in possession of the Premises without Landlord's consent after the expiration or termination of this Agreement, Tenant shall be liable for rent for the period of such occupancy as provided by G.L. c. 186, § 3, and Landlord may pursue all rights and remedies available at law or in equity.

20. 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 excepted.

21. ANIMALS. CHECK EXACTLY ONE:

(a) no pets. Assistance animals are excepted as stated below.

(b) pets only as stated in this section: not more than domestic dogs, cats, or birds, and no other animals.

(c) pets only as authorized in a signed Pet Addendum checked under § 40 (Additional Provisions; Disclosures). If this box is checked and no Pet Addendum is signed, no pet is authorized.

Whichever box is checked, this section does not apply to an assistance animal that Tenant is entitled to keep as a reasonable accommodation under the federal Fair Housing Act, Section 504 of the Rehabilitation Act of 1973, or G.L. c. 151B. Landlord may require documentation of the need for such an animal only to the extent those laws permit. An assistance animal is not a pet, is not authorized or prohibited by the boxes above, and is not subject to a pet deposit or pet fee.

22. 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 and may peacefully and quietly have, hold and enjoy said Premises for the term hereof. Nothing in this section limits G.L. c. 186, §§ 14 or 15F.

23. INDEMNIFICATION. To the maximum extent permitted by law, and except to the extent caused by the negligence or willful misconduct of Landlord or Landlord's agents, employees, or contractors, 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, arising out of or in connection with Tenant's use and occupancy of the Premises, and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature arising from any act or omission of Tenant or of Tenant's family, guests, invitees, agents or employees. Nothing in this section shall be construed to exculpate Landlord from, or to require Tenant to indemnify Landlord against, liability arising from Landlord's own negligence or willful misconduct under G.L. c. 186, § 15, any such exculpation or indemnity being void as against public policy.

24. DEFAULT. If Landlord determines that Tenant is in default of this Agreement, Landlord may provide Tenant with a written Notice to Quit, and Tenant shall have the opportunity to cure the default only as provided by applicable law or by this section. Specifically:

(a) Nonpayment of Rent.

(a)(1) Lease for Term (§ 1(a)). Upon the neglect or refusal to pay the Rent due under this written lease, Landlord may give Tenant fourteen (14) days' notice to quit in writing in accordance with G.L. c. 186, § 11, which notice shall be sufficient to determine this Agreement unless Tenant, on or before the day the answer is due in an action by Landlord to recover possession of the Premises, pays or tenders to Landlord or to Landlord's attorney all rent then due, with interest and costs of suit.

(a)(2) Month-to-Month / tenancy at will (§ 1(b), or any tenancy at will arising under § 1 (Term) or § 19 (Tenant's Hold Over)). Upon neglect or refusal to pay the rent due, Landlord may give fourteen (14) days' notice to quit in writing in accordance with G.L. c. 186, § 12. If Tenant has not received a similar notice from Landlord within the twelve months next preceding receipt of the notice, the tenancy shall not be determined if Tenant, within ten days after receipt, pays or tenders to Landlord, Landlord's attorney, or the person to whom Tenant customarily pays rent, the full amount of any rent due. Every such notice shall contain the following notification: "If you have not received a notice to quit for nonpayment of rent within the last twelve months, you have a right to prevent termination of your tenancy by paying or tendering to your landlord, your landlord's attorney or the person to whom you customarily pay your rent the full amount of rent due within ten days after your receipt of this notice."

(a)(3) Form to accompany. Every notice to quit for nonpayment of rent shall be accompanied by the form prescribed by G.L. c. 186, § 31. If the Premises constitute a "covered dwelling" under Section 4024 of the federal CARES Act (Pub. L. 116-136), any notice to vacate for nonpayment of rent shall provide no less than thirty (30) days to the extent required by that Act.

(b) Other defaults. For a material default other than nonpayment of rent (including but not limited to having or permitting unauthorized pets or guests; parking in an unauthorized manner or permitting such parking; or failing to keep the Premises clean and sanitary), Landlord may give Tenant written notice specifying the default. If Tenant has not received a similar notice from Landlord within the twelve months next preceding receipt of the notice, Tenant shall have seven (7) days from delivery of the notice to cure the default. If Tenant has received a similar notice within that twelve-month period, or if Tenant fails to cure within the time allowed, Landlord may terminate this Agreement by written notice to quit and pursue possession of the Premises and all other rights and remedies available at law or in equity.

(c) Non-curable defaults. 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, and Tenant shall have seven (7) days from the date that the notice is delivered to vacate the Premises.

(d) Mitigation. Upon any termination of this Agreement, any accepted surrender of the Premises, or any recovery of possession by Landlord, Landlord shall thereafter make reasonable efforts under the circumstances to relet the Premises and to mitigate damages, and Tenant shall remain liable for rent and other sums due under this Agreement as and when such rent would have become due under this Agreement, less the net rent actually received by Landlord from any such reletting for the balance of the unexpired term, except to the extent G.L. c. 186, §§ 23–29, the Servicemembers Civil Relief Act, or other applicable law limits that liability. No acceptance of keys, no retaking of possession, and no reletting or attempt to relet shall constitute an acceptance of surrender or a waiver of Tenant's liability unless Landlord expressly so agrees in a writing signed by Landlord. Termination of this Agreement shall not affect any right or obligation accrued as of the date of termination.

25. 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, a late fee in the amount stated in the Data Schedule. No late fee may be imposed until Rent is at least thirty (30) days overdue (G.L. c. 186, § 15B(1)(c)).

26. 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, except to the extent such liability arises from Landlord's negligence or willful misconduct or from a duty imposed by applicable law. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises, 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. Landlord shall not dispose of personal property belonging to Tenant and left on the Premises on the basis of apparent abandonment alone. Such property shall be handled only (i) in accordance with Tenant's unequivocal written surrender of the Premises together with Tenant's written direction concerning the property, (ii) pursuant to court order or final judgment, or (iii) as otherwise provided by applicable law, including the process applicable following execution of a judgment for possession (see G.L. c. 239, § 10). Before removing or disposing of any such property, Landlord shall comply with G.L. c. 186, § 30 (inspection for abandoned animals) and all other applicable law.

27. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. If Tenant records this Agreement, Landlord may treat that recording as a default under § 24 (Default) and pursue possession and other remedies only as provided by law. This section does not authorize self-help.

28. GOVERNING LAW. This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Massachusetts.

29. 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.

30. 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.

31. 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.

32. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural.

33. NON-WAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. Acceptance of Rent, Additional Charges, or any partial payment after default or after service of any notice to quit is for use and occupancy only; it is not a waiver, does not reinstate the tenancy, and does not invalidate any notice, except as required by law.

34. 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.

35. NOTICE. Any notice required or permitted under this Lease or under Commonwealth law may be given by any method permitted by law, including hand delivery, first-class mail with certificate of mailing, or United States certified mail, return receipt requested, addressed as stated in the Data Schedule; if sent by United States certified mail, return receipt requested, to the address then in effect, notice shall be deemed given on mailing, except where a statute requires a different method. Provided, however, that any notice, form, statement, or process for which applicable law prescribes a specific form, content, or manner of delivery — including (1) notices to quit and the termination of tenancies under G.L. c. 186, §§ 11 and 12, and the form required to accompany a notice to quit for nonpayment of rent under G.L. c. 186, § 31; (2) the Statement of Present Condition under G.L. c. 186, § 15B(2)(c); (3) receipts, annual statements, and sworn itemized lists relating to security deposits and last month's rent under G.L. c. 186, § 15B; (4) owner-identity posting under 105 CMR 410.400 and G.L. c. 143, § 3S; and (5) federal lead-based paint disclosures and Massachusetts Department of Public Health lead forms — shall be given in the form and manner so prescribed, and this section shall not be construed to modify or replace those requirements. A courtesy copy of the notice may also be sent by e-mail but is not required. Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this section by written notice thereof to the other party.

36. SERVICEMEMBERS CIVIL RELIEF ACT SAVINGS. Nothing in this Agreement shall be construed to limit, condition, or waive any right, protection, or remedy available to a servicemember, or to a servicemember's dependent, under the federal Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 through 4043 (including §§ 3951 and 3955), or under any other applicable law; to the extent any provision of this Agreement conflicts with such law, that law controls.

37. PRESERVATION OF STATUTORY RIGHTS. Nothing in this Agreement shall be construed to waive, limit, or modify any right, remedy, or protection of Tenant, or to relieve Landlord of any duty, where such waiver, limitation, modification, or relief is prohibited or rendered void by applicable law, including G.L. c. 186 and the State Sanitary Code. Any provision of this Agreement that is prohibited or void under such law shall be unenforceable to the extent of the conflict, and the remainder of this Agreement shall continue in full force and effect as provided in § 29 (Severability).

38. JOINT AND SEVERAL LIABILITY; PARTIES. Each individual executing this Agreement as Tenant is an adult, and all Tenants are jointly and severally liable for all obligations of Tenant under this Agreement. Occupants of the Premises who are not signatories to this Agreement, including minor children, are identified for informational purposes only and are not parties to this Agreement.

39. ELECTRONIC SIGNATURES; COUNTERPARTS. The parties agree that this Agreement and any amendment hereof may be executed and delivered by electronic signature and electronic transmission, and that such electronic signatures and electronically transmitted copies shall be valid, binding, and enforceable in accordance with the federal Electronic Signatures in Global and National Commerce Act (ESIGN), 15 U.S.C. §§ 7001 et seq., and the Massachusetts Uniform Electronic Transactions Act, G.L. c. 110G. This Agreement may be executed in counterparts, each of which shall be deemed an original.

40. ADDITIONAL PROVISIONS; DISCLOSURES. Check each item delivered with this Agreement. A blank box does not excuse a legally required attachment. Signing this Agreement does not replace any separate receipt, signature, initial, or acknowledgment required on an official form. Checked attachments are part of this Agreement.

Federal lead-based paint disclosure form and EPA/HUD pamphlet "Protect Your Family from Lead in Your Home" (Premises built before 1978).

Massachusetts DPH Tenant Lead Law Notification and Tenant Certification Form (Premises built before 1978; two copies, both parties certify before execution).

Statement of Present Conditions of Premises (G.L. c. 186, § 15B(2)(c)) — deliver within ten days of the later of commencement or receipt of a security deposit.

Last month's rent receipt (G.L. c. 186, § 15B(2)(a)) — if last month's rent is collected.

Security-deposit receipt (G.L. c. 186, § 15B(2)(b)) — if a security deposit is collected.

Security-deposit bank-account receipt (G.L. c. 186, § 15B(3)(a)) — within thirty days of receiving a security deposit.

Written water/sewer billing agreement (G.L. c. 186, § 22) — only if Tenant is billed for water or sewer.

Landlord rules and regulations.

Pet addendum.

Parking addendum.

Condominium / homeowners' association rules.

Housing Choice Voucher / HAP contract / HUD tenancy addendum.

Municipal, rent-control, just-cause, registration, inspection, or other local addendum.

Other:

Additional property-specific terms, if any (including any flood-hazard information Landlord elects to disclose; Massachusetts has no statewide flood-disclosure statute as of the revision date of this form):

Massachusetts law requires disclosure of the name and location of the bank holding a security deposit and of interest payments on last month's rent and the deposit; those facts are stated on the receipts that accompany this Agreement when those sums are collected. Insurance coverage is disclosed within fifteen days of Tenant's written request (G.L. c. 186, § 21). A nonresident owner's identity posting, if required, is made under G.L. c. 143, § 3S and 105 CMR 410.400, not by this checklist.