Lease Snipe

Massachusetts Prohibited Lease Clauses

5 restricted clause types

Our Massachusetts law database tracks 5 lease clause types that state law prohibits or restricts (5 illegal). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.

Educational information: generated from our Massachusetts law database (last updated 2024-01-01). Not legal advice.

Clause types restricted by Massachusetts law

  • Waiver of implied warranty of habitability

    Likely Illegal

    Legal basis: Massachusetts General Laws Chapter 186 Section 14

  • Waiver of tenant rights

    Likely Illegal

    Legal basis: Massachusetts General Laws Chapter 186 Section 15

  • Confession of judgment clause

    Likely Illegal

    Legal basis: Massachusetts General Laws Chapter 186 Section 15

  • Non-refundable security deposit

    Likely Illegal

    Legal basis: Massachusetts General Laws Chapter 186 Section 15B

  • Security deposit exceeding one month

    Likely Illegal

    Legal basis: Massachusetts General Laws Chapter 186 Section 15B

Frequently asked questions

What lease clauses are illegal in Massachusetts?
Massachusetts law restricts 5 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
Is a lease still valid if it contains an illegal clause in Massachusetts?
Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
Which law prohibits "waiver of implied warranty of habitability" in Massachusetts?
Massachusetts General Laws Chapter 186 Section 14.

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Educational information generated from state statute data — not legal advice. Consult a licensed attorney in Massachusetts for your specific situation.