I have a lease which expired a little over 6 months ago. I have been a tenant at will since. I spoke with the landlord before the lease ended to make sure this was OK and she said thats fine and that I would just go to a tenant at will basis.
I'm now moving so I gave them my 30 day notice in writing. They told me that even with tenant at will they require a 60 day notice in writing. Their lease states that:
"Upon expiration of the lease, this one year lease shall automatically revert to a month to month tenancy unless renewed. During that period the terms of this lease shall continue to apply - including the requirement that you give 60 days written notice upon your election to move out."
My question is, can they do this? I already have a new place setup for next month and I dont want to have to pay the extra month for the current place.
Thanks in advance
Editor's Response
Massachusetts General Laws Chapter 186. Section 12 states "Estates at will may be determined by either party by three months’ notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer." (emphasis added.)
My understanding, based on the above, is that, if you are paying rent monthly, you only need to give 30 days' notice, regardless of what the expired lease says. Good luck.