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Housing Resources

How to Read Your Lease

Types of Lease Provisions

Leases are made up of a number of different sections, referred to often as provisions or clauses. While each individual provision has its own very specific meaning, you will want to be on the look-out for three general types of clauses: standard clauses used by most leases, illegal clauses that can’t be enforced, and legal, but dubious, clauses that you might want to negotiate with your landlord. Below are examples of all three.

Common Lease Provisions

Most leases in Boston and the surrounding areas are based on a template made by the Rental Housing Authority (RHA) or the Greater Boston Real Estate Board (GBREB). The language used in these types of leases is fairly standard, but can be a bit complicated, so we’ve broken out a couple of the more common provisions to give you an idea of what they mean. All of the actual lease language has been taken from the GBREB lease, available on their website.

1. Disturbance, Illegal Use

   Neither the Lessee nor his family, friends, relatives, invitees, visitors, agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the leased premises, nor commit or permit any nuisance to exist thereon, nor cause damage to the leased premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Lessor or other occupants of the same or any other apartment, nor make any use whatsoever thereof than as and for a private residence. No signs or other articles shall be hung or shaken from or affixed to the windows, doors, porches, balconies, or exterior walls or placed upon the exterior windowsills without the Lessor’s prior written consent in each instance.

   This type of clause says that the tenant (the lessee) and anyone in his or her apartment won’t disturb the other tenants in the building, or use the apartment for illegal purposes. The disturbance part of this clause is pretty simple, although often open to interpretation, but basic common sense indicates that you shouldn’t constantly have wild parties and raves, and that you don’t anger the other people who live in your building. This also includes putting decorations outside your apartment – you will need to have your landlord’s consent before you can hang a flag outside your window, for example.

   On the other hand, using your apartment for illegal purposes (prostitution, gambling, sale of alcohol or sale or use of drugs) is a quick way to get evicted. If your landlord thinks you are using your apartment for one of these purposes, he or she has to try to evict you – it’s required by Massachusetts law. In this type of eviction proceeding, your landlord is not required to give you a notice to quit.

2. Other Regulations

   The Lessee agrees to conform to such lawful rules and regulations which are reasonably related to the purpose and provisions of this lease, as shall from time to time be established by the Lessor in the future for the safety, care, cleanliness, or orderly conduct of the leased premises and the building of which they are a part, and of the benefit, safety, comfort and convenience of all the occupants of said building.

   This provision binds you to accept other provisions that your landlord might make in the future without having to secure your consent at the time. While this could seem like a bad idea, it’s usually used for very basic situations: if your landlord needs to do major repair work on some aspect of your building, he or she might ask you not to use a back door, for example, if that’s what’s getting repaired. Or, if there are mice in your building and the landlord is trying to get rid of them, he or she might ask you to keep your food in tupperware containers or other places that won’t attract rodents. Because this particular clause is limited in scope by the “reasonably related” wording, it means your landlord generally can’t decide to make up all sorts of crazy provisions that you have to follow because they want to. They have to show that each provision they ask you to follow after signing the lease is directly related to maintaining the building or upholding the lease. However, watch out for clauses that look like this, but don’t have the legal protections in them. See below in the ‘Legal, but Dubious’ section.

3. Lessee’s Covenants in Event of Termination Clause

   The Lessee covenants that in case of any termination of this lease, by reason of the default of the Lessee, then at the option of Lessor:
   

   • (A) the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to the amount by which the rent and other payments called for hereunder for the remainder of the term or any extension or renewal thereof exceed the fair rental value of said premises for the remainder of the term or any extension or renewal thereof; and
   • (B) the Lessee covenants that he will furthermore indemnify the Lessor from and against any loss and damage sustained by reason of any termination caused by the default of, or the breach by, the Lessee. Lessor’s damages hereunder shall include, but shall not be limited to any loss of rents; reasonable broker’s commissions for the re-letting of the leased premises; advertising costs; the reasonable cost incurred in cleaning and repainting the premises in order to relet the same; and moving and storage charges incurred by Lessor in moving Lessee’s belongings pursuant to eviction proceedings.
   • (C) At the option of the Lessor, however, Lessor’s cause of action under this article shall accrue when a new tenancy or lease term first commences subsequent to a termination under this lease, in which event Lessor’s damages shall be limited to any and all damages sustained by him prior to said new tenancy or lease date.

   Lessor shall also be entitled to any and all other remedies provided by law. All rights and remedies are to be cumulative and not exclusive.

   This clause generally covers what you have to pay your landlord in case you have to break your lease, get evicted, or leave your apartment before your term is over. When you sign a lease, you are guaranteeing a landlord a certain amount of income – whatever the cost of your rent would be over the course of your term. If you leave before your term is over, you are depriving your landlord of some of the income you promised them when you signed the lease. As a result, most leases have one of these Covenant clauses in them.

   Generally, these clauses stipulate that if you leave your unit before your lease is over, you owe the landlord rent for the months that you weren’t in the apartment (until the end of your term), and whatever costs the landlord needs to pay in order to re-rent the apartment to a new tenant. This fees can include the cost of re-inspecting the apartment and paying a broker’s commission. If you need to break your lease and leave, though, your landlord does have to make reasonable efforts to find a new tenant to occupy your apartment. The landlord can’t just enjoy the vacancy in the room and collect rent from you for the rest of your lease term if he or she isn’t trying to find someone to take your place.

4. Loss/Damage Clause

   The Lessee agrees to indemnify and save the Lessor harmless from all liability, loss or damage arising from any nuisance made or suffered on the leased premises by the Lessee, his family, friends, relatives, invitees, visitors, agents, or servants or from any carelessness, neglect or improper conduct of any such persons. All personal property in any part of the building within the control of the Lessee shall be at the sole risk of the Lessee. Subject to provisions or applicable law the Lessor shall not be liable for damage to or loss of property of any kind which may be lost or stolen, damaged or destroyed by fire, water, steam, defective refrigeration, elevators, or otherwise, while on the leased premises or in any storage space in the building or for any personal injury unless caused by the negligence of the Lessor.

   This clause requires you to pay the landlord, or “indemnify” him or her, if you cause a serious accident that hurts someone else or does major damage to the building. If you scrape up the hardwood floors in your apartment, that’s small damage – your landlord might take the cost of resurfacing the floors out of your security deposit. If you start a fire, though, that burns down the building, that goes beyond your security deposit and requires you to pay for the damages you caused.

   This clause does not make the landlord immune to prosecution for negligence or misconduct, though – if a friend, visitor, or roommate slips on your broken stairs because your landlord hasn’t repaired them in several months, your landlord is at fault, not you (most of the time). If something like this happens, it’s a good idea to contact a lawyer to see what your best course of action should be.

   This clause also indicates that your possessions are yours to worry about. If your stuff gets stolen, broken, or destroyed while you live in the apartment, the landlord is not responsible for replacing it. The OHR strongly suggests renter’s insurance to protect you in case something gets damaged during your tenancy.

5. Notice Clause

   Written notice from the Lessor to the Lessee shall be deemed to have been properly given if mailed by registered or certified mail postage prepaid, return receipt requested to the Lessee at the address of the leased premises, or if delivered or left in or on any part thereof, provided that if so mailed, the receipt has been signed, or if so delivered or left, that such notice has been delivered to or left with, the Lessee or anyone expressly or impliedly authorized to receive messages for the Lessee, or by any adult who resides with the Lessee in the leased premises. Written notice from the Lessee to the Lessor shall be deemed to have been properly given if mailed by registered or certified mail, postage prepaid, return receipt requested to the Lessor at his address set forth in the first paragraph of this lease, unless the Lessor shall have notified the Lessee of a change of the Lessor’s address, in which case such notice shall be so sent to such changed address of the Lessor, provided that the receipt has been signed by the Lessor or anyone expressly or impliedly authorized to receive messages for the Lessor. Notwithstanding the foregoing, notice by either party to the other shall be deemed adequate if given in any other manner authorized by law.

   This clause indicates how you and your landlord need to communicate with one another for purposes of the law. If your landlord is sending you any communication that is official, like a rent increase, a notice to quit, or the like, this clause will tell him or her how to do it properly. Most standard leases require that official correspondence between a landlord and tenant either be sent through certified or registered mail, or by hand delivery. Likewise, the tenant can send information to the landlord (through certified or registered mail) to the address provided on the first page of the lease, unless the landlord specifically indicates a different location.

   As long as these provisions are followed, the communication is “official” as far as the law is concerned. This is important in situations like notices to quit or rent increases, where tenants generally have a certain number of days to respond to the communication. If your landlord didn’t send you the information in a way that matches this clause, it’s not official, and if you need to send something to your landlord and don’t follow the instructions in this clause, your communication isn’t official either. The law won’t recognize that the notice was sent, and the time period for responding to the notice won’t begin until the communication is sent appropriately.

6. Pet Clause

   No dogs or other animals, birds or pets shall be kept in or upon the leased premises without the Lessor’s written consent, and consent so given may be revoked at any time.

   Pet clauses are common in Boston leases. They basically require that a landlord give you permission to have a pet. Landlords are not allowed to charge you a pet deposit, or a special pet fee, but they are allowed to deny you the ability to have a pet. Most landlords do not allow pets, because they feel pets are dangerous for the apartment or disruptive to other tenants.

   If a landlord has told you that you can keep your pet, make sure he or she either writes it into the lease, or sends you an official letter allowing it (as sent according to the rules in your notice clause). If you are disabled and require a service animal, your landlord may be required to allow you to keep your pet. Talk to your doctor about getting a physician’s note about your situation so you can give it to your landlord.

7. Repair Clause

   The Lessee agrees with the Lessor that, during this lease and for such further time as the Lessee shall hold the leased premises or any part thereof, the Lessee will at all times keep and maintain the leased premises and all equipment and fixtures therein or used therewith repaired, whole and of the same kind, quality and description and in such good repair, order and condition as the same are at the beginning of, or may be put in during the term or any extension or renewal thereof, reasonable wear and tear and damage by unavoidable casualty only excepted. The Lessor and the Lessee agree to comply with any responsibility which either may have under applicable law to perform repairs upon the leased premises. If Lessee fails within a reasonable time, or improperly makes such repairs, then and in any such event or events, the Lessor may (but shall not be obligated to) make such repairs and the Lessee shall reimburse the Lessor for the reasonable cost of such repairs in full, upon demand.

   This clause requires you to keep your apartment in good condition as long as you live in it. Reasonable wear and tear is expected, though, and small repair issues like filling in nail holes you leave in the wall from hanging pictures or posters is not usually your responsibility (assuming you didn’t punch inch-wide holes in the walls for your decorations). You are expected to leave your apartment in more or less the same condition you got it in, though. If, for example, during your tenancy you broke the refrigerator or the toilet, you may be responsible for helping to pay for repairs to them, sometimes out of your security deposit.

   This clause does not make you responsible for major repairs like fixing plumbing for the building. In Massachusetts, your landlord is always responsible for maintaining the apartment in safe and sanitary conditions (i.e., up to the standards of the sanitary code). You only need to worry about damage you or your guests cause to your own apartment.

8. Right of Entry Clause

   The Lessor may enter upon the leased premises to make repairs thereto, to inspect the premises, or to show the premises to prospective tenants, purchasers, or mortgagees. The Lessor may also enter upon the said premises if same appear to have been abandoned by the Lessee or as otherwise permitted by law.

   The most common stipulations for this clause allow your landlord to come into your apartment for three reasons only: to inspect your apartment (or to make sure that you haven’t vacated it), to make repairs, and to show the apartment to the next prospective tenant or buyer. If your lease provides for any other condition where your landlord can enter your apartment, that condition is illegal.

9. Subletting Clause

   The Lessee shall not assign nor underlet any part of the whole of the leased premises, nor shall permit the leased premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this lease, their spouses, and any children born to them during the term of this lease or any extension or renewal thereof without first obtaining on each occasion the assent in writing of the Lessor.

   The standard subletting clause requires you get your landlord’s written consent before you sublet your apartment. This doesn’t necessarily mean that landlords are against subletting; they may just want to meet the person who is potentially taking over your room or apartment during the period when you are not present.

10. Attached Forms

    The forms, if any, attached hereto are incorporated herein by reference.

    In addition to the standard lease clauses, most landlords will have a few additional provisions of their own that are very specific to the properties they own. This clause indicates that you are willing to agree to abide by whatever extra rules the landlord is asking you to (or, alternatively, that you and your landlord have worked out a compromise, and the compromise is now attached to the lease). Here are a couple of ideas of what some of these provisions can be:

    • No candles are allowed in the apartment
    • Tenants must use a shower curtain on both sides of the bath tub to protect the wood fixtures on the window sill.
    • Tenants must cover 50% of the hardwood floors with carpet to protect the wood.

11. Guaranty

    In consideration of the execution of the within lease by the Lessor at the request of the undersigned and of one dollar paid to the undersigned by the Lessor, the undersigned hereby, jointly and severally, guarantee the Lessor, and the heirs, successors, and assigns of the Lessor, the punctual performance by the Lessee and the legal representatives, successors and assigns of the Lessee of all the terms, conditions, covenants, obligations, and agreements in said lease on the Lessee’s or their part to be performed or observed, demand and notice of default being hereby waived. The undersigned waive all suretyship defenses and defenses in the nature thereof and assent to any and all extensions and postponements of the time of payment and all other indulgences and forbearances which may be granted from time to time to the Lessee. WITNESS the execution hereof under seal by the undersigned the day and year first written in said lease.

    This clause is very commonly used when landlords are renting to students. This clause requires someone else, usually a parent or family friend, to cover a tenant’s rent or other duties to the landlord if the tenant cannot do it him or herself. It’s basically rent insurance for landlords – they assume that students don’t have a lot of money, and may not always be able to pay for their own rent. By having a guarantor, landlords can make sure they get the money they need, even if the student tenants can’t pay for some reason.

    If a landlord asks for a guarantor, that third party will need to actually sign the lease (just like the tenants do), and go through a credit check. If you have fantastic credit on your own, and you can convince the landlord that you don’t need a guarantor, they may not ask for one. Most students, though, will need a guarantor.

Each individual landlord will have different requirements for living in his or her building. If you don’t agree with a certain provision, talk to your landlord about changing it.

Illegal Lease Provisions

Not all lease provisions are standard. Most landlords will attach at least a few extra stipulations to a lease that they are fully entitled to ask a tenant to live by. However, some provisions are not allowed under the law in the state of Massachusetts. Below are the biggest (and most common) illegal clauses to watch out for:

1. Any clause that says tenants have to make all of the repairs

   Any clause that indicates that tenants are responsible for making all repairs is illegal. State law requires the landlord to make all necessary repairs to an apartment to ensure that it meets the code standards. The only time a tenant would be responsible for repairing something is if he or she broke it.

2. Any provision that allows a landlord to use your security deposit to pay for utilities or rent if you can’t or don’t pay them

   Security deposits can only be used for very specific purposes, and those purposes have to be repairing the apartment or preparing it for the next tenant after you move out. If a landlord even wants to use the security deposit to do that, he or she needs to document all the expenses for repairing or cleaning the unit. If your lease includes a provision that allows your landlord to use your security deposit as a last month’s rent, for example, or to pay for utilities if you don’t, is illegal.

3. Any clause requiring you to pay for utilities if you don’t have your own meter for them

   Landlords are required to pay for utilities for their building (gas, electricity) if usage isn’t tracked separately for each tenant. The basic idea here is that you shouldn’t have to pay for your utilities if you can’t control how much of them you use, as is normally the case with heat (although landlords do have to keep the heat within certain boundaries during in the winter and at night).

4. A clause requiring you to pay all of the rent that you owe immediately if you need to break your lease early

   While you are responsible for the rent during the term of your lease, if you need to break your lease before your term is up your landlord can’t charge you all of the rent you still owe at once. They are required by law to try and find a new tenant to replace you.

If a provision in your lease is illegal, it can’t be enforced (theoretically) – your landlord can’t force you to comply with it. The law won’t recognize that particular part of your lease as legally binding, and if you don’t obey the requirements of that one clause, your landlord can’t take you to court for breaking your lease (although they can try, they will probably fail). Having an illegal clause in your lease does not negate the rest of your lease. If only one out of 20 or 30 provisions is illegal, the other aspects of the lease are binding and fully enforceable!

In many cases, an illegal clause can be taken out of a lease. The landlord may not know the clause isn’t legal, or he or she may try to sneak it into a lease assuming that you won’t be paying attention. A simple and polite conversation about the provision may be enough to have it removed from the lease, or modified in such a way that it is legal again. However, if you feel you are in a situation where you have to sign the lease you are being offered, complete with illegal clauses, or you’ll lose an apartment, you should ask for a day or two to review the lease and contact a lawyer in that time, or call the housing court to get ideas for your next step.

Legal, but Dubious Clauses

Some lease provisions are technically legal, meaning that if you sign the lease with these provisions, you are bound by them. However, they are a little suspect – you may not want to sign a lease with clauses or terms like these, because they can put you in a position of financial liability. If you think a clause in your lease isn’t fair, or you aren’t sure you are willing to sign it, let the landlord know that you are skeptical about the clause, and that you’d like it removed or modified. Below are a couple of examples of these types of clauses:

1. Any clause stating your consent to all rules and regulations made after you sign the lease

   While the wording might differ from clause to clause, many leases include some type of “Other Regulations” clause in them. Most of these clauses are ok, and serve to allow the landlord to issue short-term requirements for tenants when major repairs need to be made (see section above).

   However, sometimes the language of this clause gets a little fuzzy and landlords try to secure your compliance to a number of provisions they want to make later. If you don’t know what the provisions will be, you won’t be able to agree or disagree with them; you need to have the opportunity to decide with each new provision. If the clause doesn’t have the same references to maintaining the building as the “Other Regulations” clause above, you might want to see about getting rid of it.

2. Any clause that makes you responsible for your landlord’s attorney fees

   This one is simple, although again, the language might be tricky – don’t pay for anyone else’s bills. If you think a clause might be insinuating that you do have to pay for legal fees, ask the landlord to explain it to you directly. If they can’t, ask them to remove it.