Massachusetts Commercial Lease Agreement (2026)

Lease retail, office or industrial space: gross, modified gross or triple-net with pro-rata pass-throughs, rent escalation, renewal options, TI allowance, insurance, default and holdover terms, plus your state's deposit rule, statutory disclosures, landlord's lien, cure periods, rent taxes and signing formalities.

Updated September 11, 2026≈ 14 minReviewed against Mass. Gen. Laws ch. 186, § 11 · Mass. Gen. Laws ch. 183, § 4 · Mass. Gen. Laws ch. 186

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What you'll get

Sample first page of the Commercial Lease Agreement. Your answers fill in the blanks; the clauses required in Massachusetts are added automatically.

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What this document covers

Landlord, tenant and optional personal guarantor
Retail, office or industrial premises with rentable area and pro-rata share
Term, rent commencement and renewal options
Base rent with fixed or CPI escalation
Gross, modified gross or triple-net (NNN) pass-throughs
Security deposit under the state rule
Permitted and exclusive use, hours, ADA compliance
Tenant improvements and maintenance split
Assignment, subletting, insurance and indemnity
Default, remedies, landlord's lien and holdover
SNDA, estoppel, relocation and broker disclosure
State disclosures, exhibits and guaranty

Massachusetts rules that this document follows

Commercial security deposit	Varies — No statute — amount and return terms as the lease providesSource: No statute governs security deposits for non-residential leases; Mass. Gen. Laws ch. 186, § 15B applies to residential deposits only
Default notice before eviction	Varies — 14 days' notice for nonpayment (lease may vary)Source: Mass. Gen. Laws ch. 186, § 11
Landlord's lien on tenant property	Varies — No statutory lien — contractual security interest onlySource: No statutory landlord's lien or distress remedy for non-residential leases — contractual lien only
Tax on commercial rent	Varies — None
Notary / recording for long leases	Varies — No notary for validity; record leases over 7 years (memorandum permitted)Source: Mass. Gen. Laws ch. 183, § 4
Required lease disclosures	None specific to commercial leasesSource: Mass. Gen. Laws ch. 186

Rules current as of 2026-09-14. Statutes change; verify before relying on them.

How to use this Commercial Lease Agreement in Massachusetts

Start with the exact legal names of both entities and decide on a personal guaranty. Enter the rentable area of the premises and the building — that ratio becomes the tenant's share of taxes, insurance and CAM in a modified gross or NNN lease — then set the term, rent commencement, renewal options and escalation. Choose the maintenance split and insurance limits deliberately: they are the clauses that cost money later.

Answer the state-disclosure questions, review the cure periods (pre-filled with Massachusetts's statutory figures where they exist) and decide whether to waive the landlord's lien for the tenant's equipment lender. Record a memorandum of lease for terms over 7 years (Mass. Gen. Laws ch. 183, § 4). Both parties sign with name and title; attach the floor plan, work letter, guaranty and rules.

Frequently asked questions

Is a commercial security deposit regulated in Massachusetts?

No — Massachusetts has no statute on commercial security deposits (residential rules do not apply), so the amount, use and return are whatever the lease says; this lease sets a 30-day return with an itemized statement.

How much notice must I give a commercial tenant before eviction in Massachusetts?

Massachusetts requires 14 days' written notice before an eviction action for nonpayment (Mass. Gen. Laws ch. 186, § 11); the lease may set a different contractual cure period, and this lease pre-fills it with the statutory figure.

Is there a tax on commercial rent in Massachusetts?

No — commercial rent is not subject to sales or occupancy tax in Massachusetts.

Does a commercial lease need a notary or witnesses in Massachusetts?

No notary is needed for validity; a lease over 7 years should be recorded (usually as a memorandum of lease, which needs acknowledgment) to bind future buyers and lenders (Mass. Gen. Laws ch. 183, § 4).

What is the difference between a gross and a triple-net (NNN) lease?

In a gross lease the base rent covers taxes, insurance and common-area maintenance, so the landlord bears cost increases. In a triple-net lease the tenant pays its pro-rata share of those three items on top of base rent, reconciled annually against actual costs. Modified gross sits between: the tenant pays only increases over a base year. This lease drafts all three.

Other names

commercial lease
business lease agreement
retail lease
office lease
industrial lease
warehouse lease
triple net lease
NNN lease
gross lease
storefront lease

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.