I have a 15 month lease which terminates on August 26th. The lease states that 60 day notice is required prior to move-out, and it does state that 60 days is required before the lease ends or it will become month-to-month. I remember that clause seeming very strange to me when signing, and even asked the lady about it before signing, and she said not to worry about it, and it only applies if you break the lease early.

Fast forward 15 months, and here we are, a month from move out, with the landlord charging the month-to-month rate for our last couple days of August, and most certainly expecting us to pay for September. Their month to month rate is also about $800 higher than our typical rate ($1450 / mo for a 1 br). I did not provide advanced notice because I did not believe it was required based on what I was originally told when I signed (which I do not have in writing).

I submitted a 30 day notice on Friday, and referenced the Massachusetts General Laws, Chapter 186 section 12, stating that according to mass laws, only 30 days notice is required (note - the period between rent payments for me is 30 days). I really want to sign my new lease, but am worried that I might be "forced" to stay an extra month here. If I leave for the date of my original lease end, after my 30 day notice, and do not pay for the month of September (aka - 60 day notice), would my argument hold up if they tried to take it to small claims court?

I also mentioned that they, and possibly other properties they own (it's a 300 unit complex, and they have several other large complexes) charge an application fee, which may be illegal as per MGL Chapter 186 Section 15b. Could that give me any bargaining power?