My daughter has a one year lease which is up on January 31, 2008. She informed her landlord (30 days in advance) that she would not be renewing the lease. They now tell her that she is required to give 60 day’s notice. My question: Does Massachusetts law require her to give 60 day’s notice, even though the lease expires on January 31st. -- (Submitted anonymously to the Forum Chat Room)

Usually, if you have a lease, you do not need to give any notice of your intent to terminate. You simply move out at the end of the term. This differs from a tenancy at will agreement that always requires a notice of intent to terminate. However, some leases have a clause that "automatically" renews the lease unless the tenant tells the landlord, in advance, that she intends to move and does not want to renew the lease. These clauses are legal under Massachusetts law and usually require one month's advance notice.

So your daughter needs to look at her lease and see if it contains such a clause. If it does, and if that clause requires 60 day’s notice, she may have a problem. However, if your daughter must move out, Massachusetts law requires the landlord to make reasonable efforts to find a new tenant. She can also find a suitable candidate to assume the lease, subject only to the approval of the landlord (cannot be unreasonably withheld). So your daughter may be able to avoid responsibility for all or most of the rent due under the 'renewed' lease.  For more information or to post a question, visit our MA Tenant Law Discussion Forum.