Employment Contract
Create a compliant employment contract for property manager in Massachusetts. Includes MA Noncompete Reform Act, wage theft prevention under M.G.L. ch. 149 § 148, Fair住房,
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Property Managers in Massachusetts face unique risks when hiring on-site or regional managers who handle tenant screening, maintenance coordination, security deposit processing, and eviction filings.... Read more
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Legal Document
This Employment Contract ("Agreement") is entered into and made effective as of [start_date] (the "Effective Date"), by and between [employer_name] ("Employer") and [employee_name] ("Employee"), collectively referred to herein as the "Parties" and individually as a "Party."
WHEREAS, Employer desires to employ Employee in the capacity of [job_title], and Employee desires to accept such employment, subject to the terms and conditions set forth herein;
WHEREAS, the Parties wish to establish the terms of Employee's employment, including compensation, duties, and obligations, to ensure a clear mutual understanding;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
Employer hereby employs Employee in the position of [job_title]. Employee shall perform all duties and responsibilities customarily associated with such position, as well as any additional duties reasonably assigned by Employer from time to time. Employee shall devote their full professional time, attention, and best efforts to the performance of their duties and shall act in the best interests of Employer at all times. Employee shall comply with all policies, procedures, rules, and regulations established by Employer, as may be amended from time to time at Employer's sole discretion.
In consideration of the services rendered by Employee under this Agreement, Employer shall pay Employee a gross annual salary of [salary] (the "Base Salary"), payable on a [pay_frequency] basis in accordance with Employer's standard payroll practices, less all applicable withholdings, deductions, and taxes as required by law. Employer reserves the right to review and adjust Employee's compensation at its discretion, and any such adjustment shall not constitute a new agreement or modification of this Agreement unless set forth in a written amendment signed by both Parties.
Employee may be eligible to participate in any employee benefit plans, programs, and arrangements that Employer makes available to its employees generally, subject to the terms and eligibility requirements of such plans. Such benefits may include, but are not limited to, health insurance, dental and vision coverage, retirement plans, paid time off, and other fringe benefits. Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time, in its sole discretion, with or without notice, subject to applicable law. Nothing in this Agreement shall be construed as a guarantee of any particular benefit.
Employee's primary work location and schedule shall be as set forth in this section, subject to modification by Employer as business needs require.
Employee's employment under this Agreement shall commence on [start_date] (the "Start Date").
This Agreement and Employee's employment may be terminated under the following circumstances:
Employee acknowledges that during the course of employment, Employee will have access to and may acquire knowledge of confidential and proprietary information belonging to Employer, including but not limited to trade secrets, business plans, financial information, customer lists, marketing strategies, product designs, software, technical data, and other information not generally known to the public (collectively, "Confidential Information"). Employee agrees to hold all Confidential Information in strict confidence and not to disclose, publish, or otherwise reveal any Confidential Information to any third party during or after employment, except as required in the performance of Employee's duties or as authorized in writing by Employer. Employee agrees not to use any Confidential Information for Employee's own benefit or for the benefit of any third party. This obligation of confidentiality shall survive the termination of this Agreement and Employee's employment for any reason.
During the term of Employee's employment and for a period of twelve (12) months following the termination of employment for any reason, Employee shall not, directly or indirectly: (a) solicit, recruit, or attempt to induce any employee, contractor, or consultant of Employer to leave Employer's employment or engagement; or (b) solicit, divert, or attempt to divert any customer, client, or business relationship of Employer for the purpose of providing products or services that are competitive with those offered by Employer. Employee acknowledges that this non-solicitation covenant is reasonable in scope and duration and is necessary to protect Employer's legitimate business interests.
Upon termination of employment for any reason, or at any time upon Employer's request, Employee shall immediately return to Employer all property belonging to Employer, including but not limited to keys, access cards, identification badges, laptops, mobile devices, documents, files, records, manuals, software, data (in any form or medium), and any other materials or equipment provided to Employee or created by Employee during the course of employment. Employee shall not retain any copies, duplicates, reproductions, or excerpts of any Employer property or Confidential Information.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of [state_law], without regard to its conflict of laws principles. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, shall be resolved exclusively in the state or federal courts located in the State of [state_law], and each Party hereby consents to the personal jurisdiction of such courts.
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this Agreement shall be valid or binding unless set forth in writing and signed by both Parties. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of that Party's right to enforce that provision or any other provision in the future. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. The headings in this Agreement are for convenience only and shall not affect the interpretation of any provision.
Employee acknowledges that all compensation, including base salary, leasing bonuses, performance incentives, and expense reimbursements, shall be paid in strict accordance with Mass. Gen. Laws ch. 149, § 148. Upon termination for any reason, Employer shall pay all earned but unpaid wages, including any accrued but unused vacation, on the last day of employment or within the time period required by statute, whichever is sooner. Failure to comply may result in treble damages, interest, and attorney fees. Employee agrees to maintain accurate time records for any hours worked in excess of forty (40) per week and understands that overtime will be paid at one-and-one-half times the regular rate as required by Massachusetts law. This clause is intended to eliminate any wage-theft claims and ensure full compliance with state wage-payment requirements applicable to property management personnel.
In consideration of employment and the payment of garden-leave compensation equal to fifty percent (50%) of Employee’s average weekly base salary during any restricted period, Employee agrees not to compete with Employer within the cities or towns in which Employee primarily performed property management services for a period not to exceed twelve (12) months after termination. This restriction is expressly drafted to comply with Mass. Gen. Laws ch. 149, § 24L (the 2018 Noncompete Agreement Act). Employee further agrees not to solicit any current tenants, HOA boards, or property owners with whom Employee had material contact during the final two years of employment. Any broader restriction shall be deemed void. The parties acknowledge that this clause is narrowly tailored to protect legitimate business interests while satisfying statutory requirements under Massachusetts law.
Employee represents and warrants that they have received training on the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Massachusetts-specific disclosure obligations for pre-1978 housing. Employee agrees to provide all required lead-paint disclosures to tenants and prospective tenants before execution of any lease and to maintain written records of such disclosures for at least six years. Employee further covenants to comply at all times with the federal Fair Housing Act, the Americans with Disabilities Act, and the Massachusetts Consumer Protection Act (Chapter 93A). Any violation of these obligations, including but not limited to discriminatory tenant screening or failure to accommodate a disability, shall constitute immediate grounds for termination for cause and may expose Employee to personal liability. Employer’s reliance on these warranties is material to the employment relationship.
If Employee’s duties include leasing apartments or negotiating rental agreements on behalf of multiple owners, Employee represents that they currently hold, and shall maintain throughout employment, a valid Massachusetts Real Estate Broker or Salesperson License issued by the Board of Registration of Real Estate Brokers and Salespersons. Employee shall also maintain professional errors-and-omissions insurance with minimum limits of $1,000,000 per occurrence. Employee agrees to notify Employer immediately of any complaint, investigation, or disciplinary action taken by the licensing board or any insurance carrier. Failure to maintain the required license or insurance shall be grounds for immediate termination and may result in Employer seeking reimbursement for any losses caused by unlicensed activity.
[manager duties]
IN WITNESS WHEREOF, the Parties have executed this Employment Contract as of the date first written above, intending to be legally bound hereby.
Employer
Name: Employer
Date: ___________________
Employee
Name: Employee
Date: ___________________
Property Managers in Massachusetts face unique risks when hiring on-site or regional managers who handle tenant screening, maintenance coordination, security deposit processing, and eviction filings. A Property Manager servicing multifamily buildings in Boston is frequently sued when a new hire mishandles a lead-paint disclosure on a pre-1978 unit, resulting in a Chapter 93A consumer-protection claim or a Fair Housing Act complaint after an improper tenant rejection. An employment contract for property manager in Massachusetts protects both parties by clearly defining responsibilities tied to state landlord-tenant laws, HUD regulations, and the Americans with Disabilities Act. It incorporates the 2018 Massachusetts Noncompete Agreement Act (Mass. Gen. Laws ch. 149, § 24L), requiring garden-leave pay or other consideration and strict limits on duration and geography. The contract also ensures compliance with timely wage payment rules under Mass. Gen. Laws ch. 149, § 148 to prevent wage-theft penalties. Without tailored terms addressing habitability inspections, fair housing training, and detailed records for security-deposit disputes, employers risk costly litigation, license suspension, or personal liability. This document provides the clarity and statutory safeguards Massachusetts property management companies need to operate confidently while minimizing exposure to tenant disputes, vacancy-rate mismanagement, and regulatory violations.
Beyond the standard employment contract sections, this template adds fields specific to Property Manager:
An employment contract establishes a formal employment relationship between an employer and an employee, outlining the terms and conditions of employment, rights, obligations, and responsibilities of both parties. It provides legal protection and clarity, ensuring compliance with employment laws and minimizing the risk of misunderstandings and disputes.
Tenant Disputes
Utilize clear lease agreements that outline tenant responsibilities and dispute resolution processes.
Habitability Violations
Include clauses in leases that specify maintenance processes and consistently conduct property inspections to ensure compliance.
Security Deposit Disputes
Maintain detailed records of property conditions at move-in and move-out, and specify deposit handling procedures in lease agreements.
Violation of Fair Housing Laws
Implement and train staff on fair housing policies, and include non-discrimination clauses in rental agreements.
For this employment contract to be legally valid:
Common mistakes to avoid:
Fair Housing Act
The Fair Housing Act prohibits discrimination in housing-related activities, including rentals by property managers, based on race, color, national origin, religion, sex, familial status, or disability.
Enforced by U.S. Department of Housing and Urban Development (HUD)
Americans with Disabilities Act (ADA)
This law requires property managers to ensure that their properties are accessible to individuals with disabilities, particularly in public and commercial buildings.
Enforced by U.S. Department of Justice (DOJ)
Residential Lead-Based Paint Hazard Reduction Act of 1992
This regulation requires property managers to disclose any known lead paint hazards in properties built before 1978.
Enforced by U.S. Environmental Protection Agency (EPA)
State Landlord-Tenant Laws
These are state-specific laws that govern the relationship between landlords, property managers, and tenants, including lease terms, eviction procedures, and security deposits.
Enforced by State Government (varies by state)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance · Property Insurance · Tenant Discrimination Insurance · Workers' Compensation Insurance
Massachusetts reformed non-compete rules in 2018 under Mass. Gen. Laws ch. 149, § 24L. Any post-employment restriction must be limited to 12 months, reasonably scoped to the geographic area where the employee actually worked, and supported by a garden-leave clause paying at least 50% of the employee’s base salary during the restricted period. Without this tailored language, courts will void the clause, leaving the employer unprotected when a former property manager joins a competitor and solicits the same HOA boards or multifamily owners.
Under Mass. Gen. Laws ch. 149, § 148, employers must pay all earned wages, including commissions on new leases or performance bonuses, on the last day of employment if the property manager is terminated. The contract must explicitly list every component of compensation—base salary, leasing bonuses, maintenance oversight incentives—so there is no dispute. Including this detail prevents triple-damage penalties and attorney-fee awards that frequently arise when property management companies fail to pay final wages within the statutory timeline.
The contract should require the employee to complete annual Fair Housing training and certify compliance with the Residential Lead-Based Paint Hazard Reduction Act of 1992 and Massachusetts-specific disclosure rules. It must also mandate adherence to the Massachusetts Consumer Protection Act (Chapter 93A) when handling tenant complaints about habitability or accessibility under the ADA. Documenting these obligations in the employment contract for property manager in Massachusetts reduces the risk that the employer will be held vicariously liable for discriminatory practices or failure to disclose known lead hazards in units built before 1978.
Yes. Most property managers who negotiate leases or collect rents on behalf of multiple owners must hold a current Massachusetts Real Estate Broker or Salesperson License issued by the Board of Registration of Real Estate Brokers and Salespersons. The contract should include a continuing obligation to maintain that license, carry errors-and-omissions insurance, and immediately notify the employer of any disciplinary action. This clause protects the company from operating with an unlicensed manager, which violates state law and can result in fines or loss of management contracts.
State laws affect what must be in this document. Pick your jurisdiction.
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