Massachusetts Residential Sublease Agreement (2026)
Sublet your apartment or a room to a subtenant: master-lease incorporation, landlord consent with your state's rule, rent, deposit and disclosures that follow state law, plus a one-page consent form for the landlord.
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What this document covers
- Sublandlord, subtenant, landlord and the master lease
- Whole unit or a room, with shared areas
- Term that ends before the master lease
- Rent, due day and late fee within the state cap
- Security deposit cap and return deadline
- Utilities included, split, fixed or direct
- Landlord consent and the state consent rule
- Master-lease incorporation and subtenant duties
- Federal lead-paint and state disclosures
- Default, termination and no further subletting
- One-page Landlord Consent to Sublease form
Massachusetts rules that this document follows
| Consent to sublet | Varies — No statute — the lease controlsSource: No statute; Mass. Gen. Laws ch. 186 is silent on subletting — the master lease controls; at common law a tenant may sublet unless the lease restricts it |
|---|---|
| Security deposit limit | one month's rentSource: Mass. Gen. Laws ch. 186, § 15B(1)(b) |
| Deposit return deadline | 30 days after move-outSource: Mass. Gen. Laws ch. 186, § 15B(4) |
| Interest on deposit | Required (see conditions)Source: Mass. Gen. Laws ch. 186, § 15B(3)(b) (5% or bank rate, paid annually; separate MA account) |
| Late fees | No cap; no late fee or interest may be charged until rent is 30 days lateSource: Mass. Gen. Laws ch. 186, § 15B(1)(c) |
| Notice to end month-to-month | Landlord 30 days / Tenant 30 daysSource: Mass. Gen. Laws ch. 186, § 12 (30 days or one rental period, whichever longer) |
| Required disclosures | Lead-Based Paint Disclosure (pre-1978 housing); Tenant Lead Law Notification; Security Deposit Receipt; Statement of Condition; Deposit Bank Statement; Person Responsible for Maintenance and Notices; Fire Insurance DisclosureSource: Massachusetts General Laws Chapter 186 (Estates for Years and at Will); Chapter 239 (Summary Process) |
Rules current as of 2026-09-14. Statutes change; verify before relying on them.
How to use this Residential Sublease Agreement in Massachusetts
Start with your own lease: find the subletting clause and get the landlord's written consent on the attached form before anyone moves in. Name the master lease and its end date so the sublease can never outlast it, describe exactly what is sublet (whole unit or a room plus shared areas), and set rent and deposit within Massachusetts's caps — the deposit rules bind you as the subtenant's landlord.
Answer the disclosure questions from your own lease packet (lead paint, flood, bed bugs and the like) and give the subtenant a copy of the master lease, every attachment and a deposit receipt. Remember that you stay liable to the landlord for everything the subtenant does.
Frequently asked questions
Can I sublet my apartment in Massachusetts without my landlord's permission?
No statute — the lease controls (Mass. Gen. Laws ch. 186). Whatever the statute says, read your lease first: almost every residential lease requires the landlord's written consent, and subletting in breach of the lease is grounds for eviction of both you and the subtenant. This agreement records the consent and attaches a one-page form for the landlord to sign.
Who holds the subtenant's security deposit and when must it be returned in Massachusetts?
You do, as the subtenant's landlord. Massachusetts's deposit cap and return deadline apply to you — return it with an itemized statement within 30 days after the subtenant moves out, regardless of whether your own landlord has returned your deposit.
How do I end a month-to-month sublease in Massachusetts?
The subtenant gives you at least 30 days' written notice; you give the subtenant the notice Massachusetts law requires of a landlord (30 days). The sublease also ends automatically when your master lease ends.
Other names
- sublet agreement
- sublet contract
- sublease contract
- apartment sublease
- room sublease
- sublet lease
- sublessor sublessee agreement
- tenant to tenant lease
Related documents
- Residential Lease Agreement — Massachusetts
- Room Rental Agreement — Massachusetts
- Commercial Lease Agreement — Massachusetts
- Rental Application — Massachusetts
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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.
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