My lease runs August 1 2009 to August 1 2010. I just got my new lease in the mail on March 3 for the August 1 2010 to 2011 term. The letter states that if I don't sign it and return it to them by March 31, they will assume I am leaving on August 1 2010 and will start showing the place to prospective tenants. So they are giving me less than 30 days to decide if I want to renew the lease for August, and I have to decide 4 months before the lease is up. And if I decide not to renew the lease, I will have to endure 4 months of them showing the place to new tenants.
That sounds incredibly unreasonable to me. I have no idea what I want to do or what my company is going to do this far in advance of the lease. My company is mentioning they may want me to move and have already asked me when my lease is up. I told them August 1, now I'll have to tell them I have 3 weeks to decide.
But my question is, is this legal? I thought I would have to give them 30 days notice to move out, so why do I have to give them 4 months notice to stay?
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Editor's Response
Unless the landlord's action violates some term of the lease, perhaps some term regarding renewal option, either party can refuse to renew the lease. The landlord is also entitled to make that decision and to show the apartment before the term expires. If I were you, I would talk to the landlord, explain the work situation, and ask for another month. If you have been a good tenant, the landlord will prefer keeping you over searching for a new tenant. For more information about these issues, search through our Massachusetts Tenant Law Discussion Forum.
Vermontdairy, there is no indication of coercion. The landlord, like most landlords, wants to avoid the costly situation where a unit site empty while she looks for a tenant. There is no law prohibiting this behavior, so there is no citation to a law. Follow the link re showing the apartment. If the tenant and landlord cannot agree on times to show the unit, either can go to court and ask the judge (or more likely a housing specialist) to come up with a schedule of acceptable times.
Thanks for responding, but
Thanks for responding, but I'm still wondering why they are allowed to make me sign the new lease 4 months ahead of time. That just seems so wrong to me. Their letter was cut and dry. If I don't sign the new lease for August 1 by March 31, they will rent the apartment to someone else.
If there is no law about that, then there should be. If I need to find a new place, no one is going to rent to me 4 months in advance. But if I tell the landlord I'm moving out without another place lined up, I run a huge risk of not finding a place. It's very scary. Not to mention having to go 4 months with having my place shown to prospective tenants.
I would think 2 months notice should be sufficient and that should be the law. Because they have me between a rock and a hard place and unless I'm willing to risk not having a place to live, I'm stuck living in the same place.
Editor's Response
I sympathize with your situation, but we are talking about what is, at its heart, a contract arrangement. You are free to refuse the landlord's offer and to go looking for another apartment when the time is right. However, the landlord is free to decide that it is in his best interest to require an early acceptance of the new contract. I still believe that, if you have been a good tenant, especially in this market, the landlord will give you an extra month to decide. Good luck.
I agree with the author, you didn't address the legality
If there is MA statutes that require 30 days notice and other rights, then how can the inclusion of a 4 month period for renewal be legal. Sure, you might feel sorry for this guy but you haven't given a legal citation to back you up. I understand that there may be nothing in the law that says they can't do it, but as I read the MA tenant rights pamphlet, the landlord CAN'T bring in new tenants anytime they want four months ahead of time, especially as a form of coercion to get him to sign a new lease.
Renewal of lease
There is no law to cite. PERIOD. The tenant has the option to renew the lease or not. If the landlord wants to rent the unit to a new tenant one day after the first lease begins, he can do that. (of course the new lease cannot start until the year ends.) If the tenant feels the landlord is trying to show the apartment simply to coerce him into signing a new lease, he can bring that issue to housing court. However, the judge will still allow the landlord to show the unit at reasonable times and with reasonable notice.