Submitted by eluh on Wed, 07/22/2009 - 19:52
I have an apt. in Brookline. My one year lease ends at the end of July. I opted not to renew my lease, so my landlord has told me I am a tenancy at will as of Aug. 1st with an increased rent. As a tenancy at will, I will be paying rent on the first of every month. The landlord has specified that to terminate a tenancy at will, 60 day notice is required. Can he do that under any Mass. statutes? As I read MGL Ch. 186, it seems that under a Tenancy at will, it is a 30 day notice or rental period, whichever is longer. Thank you for you assistance.
Editor's Response
Yes, you are correct. The landlord is probably just trying to gain a little added security by asking you for 60 day's notice. The law only requires you to give 30 day's notice however.
How Does Tenant Terminate Tenancy at Will ?
I have a friend who got caught up in a similar situation. Unfortunately, she was held to the 60-day notice because she SIGNED the contract, even though MA law requires a 30-day notice. I'm not sure if she could have fought it, but she endured two months instead of one.