How to Transfer a Lease to a New Tenant in Massachusetts

Moving before your lease ends? In Massachusetts, transferring your lease to another tenant—often called a lease assignment or subletting—can be a helpful option. Understanding your rights, required steps, and landlord approval process will help you navigate the transition smoothly.

Understanding Lease Transfers in Massachusetts

Transferring a lease means handing your current rental agreement to another person, who will then take over your responsibilities for the remainder of the lease. The two most common options are:

• Assignment: The new tenant (assignee) takes full responsibility for your lease. Your legal obligations typically end after the transfer, with landlord approval.
• Subletting: The new tenant (subtenant) temporarily rents the unit from you, while you remain responsible for the original lease until it ends.

Whether you can transfer your lease depends on the terms of your rental agreement and state law.

Massachusetts Law: What Are Your Rights?

Massachusetts rental law does not guarantee a right to transfer or sublease. Your lease must specifically allow assignment or subletting, or you must obtain written permission from your landlord. Review your lease: look for a section about "assignment" or "subletting." If unclear, ask your landlord in writing.

• Landlords cannot unreasonably block a transfer if your lease permits it, but they can set reasonable requirements (such as screening the new tenant).
• If your lease forbids assignment/subletting, you must get written landlord consent to proceed.

The official "Guide to Landlord/Tenant Rights in Massachusetts" from Mass.gov explains these basics and more.

Steps to Transfer Your Lease

1. Review Your Lease Terms

• Check for clauses on "assignment," "subletting," or "lease transfers."
• If unsure, contact your landlord or property manager for clarification.

2. Obtain Landlord Approval

• Submit a written request stating your intent to transfer or sublet the lease.
• Landlords may ask for information on the proposed new tenant (background check, rental history, etc.).
• Keep all communication in writing for your records.

3. Complete Required Paperwork

• The state does not provide a standard lease transfer form, but written agreements are required for assignments and sublets.
  • Example: A "Lease Assignment Agreement"—drafted by your landlord or with both parties' signatures—outlines the date, responsibilities, and acknowledgment from all involved. Sample templates may exist, but always use a version supplied or approved by the landlord.
• If the landlord uses their own agreement, review it carefully before signing. If you need help, contact a renters' advocacy group for review.

4. Notify Utility Companies or Building Management

• As the previous tenant, you may need to arrange utility account transfers or update building records to reflect the new occupant.

5. Move Out and Document the Condition

• Conduct a walk-through and document the unit's condition to avoid security deposit disputes.

Is There an Official Lease Assignment Form in Massachusetts?

Massachusetts does not publish a standardized Lease Assignment or Sublease form as of 2024. Landlords and tenants use custom agreements. For guidance, you can refer to the sample templates found in the "Model Lease" and "Tenant Resource Information" sections of Mass.gov's Landlord/Tenant Rights Guide. Always ensure any document is signed and dated by all parties.

Who Oversees Lease Transfer Disputes?

Disputes about lease transfers or assignments in Massachusetts are handled by the local court system, specifically the Massachusetts Housing Court. This tribunal handles residential tenancy issues, including disagreements over subletting or assignment permissions.

The primary law governing these matters is the Massachusetts General Laws, Chapter 186 – Estates for Years and at Will.^[1]

FAQ: Lease Transfers for Renters in Massachusetts

1. Do I need my landlord's permission to transfer my lease?
   Yes. In Massachusetts, you must have your landlord’s written consent unless your lease specifically allows a transfer without it.
2. Is there a standard form for assigning or subletting a lease?
   No. There is no official state form, but your landlord may provide a lease assignment or sublet agreement to use.
3. If my landlord refuses to let me transfer my lease, what can I do?
   You may negotiate or seek help from a renters' advocacy service. If you believe the refusal is unfair and your lease allows transfers, you can contact the Massachusetts Housing Court for dispute resolution.
4. Does transferring my lease remove all my responsibilities?
   With an assignment (if approved), usually yes. With a sublet, you remain responsible for the lease if the subtenant fails to pay rent or causes damage, unless your landlord formally releases you.
5. Do I need to pay a fee to transfer my lease?
   Some landlords charge an assignment or sublet fee, but this must be disclosed in your lease or agreed upon in writing.

Conclusion: Key Takeaways

• You can only transfer your lease with written landlord approval or explicit lease permission.
• All lease transfers should be documented in writing, signed, and dated by all parties.
• If disputes arise, Massachusetts Housing Court is the appropriate tribunal for help.

Transferring your lease isn’t complicated when you follow these steps—but always check your lease terms and keep records for your protection.

Need Help? Resources for Renters

• Mass.gov: Guide to Landlord/Tenant Rights in Massachusetts – Official state tenant and landlord rights guide
• Massachusetts Housing Court – Handles lease transfer disputes
• MassLegalHelp: Housing Information – Renters’ guides and legal resources
• Contact your local city or town's housing office for community mediation or tenant assistance programs

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1. Massachusetts General Laws, Chapter 186 – Estates for Years and at Will
2. Massachusetts Guide to Landlord/Tenant Rights
3. Massachusetts Housing Court

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