Sorry if this has been answered before, but I looked at similar posts and did not see a definite statement whether or not MA tenancy-at-will (with 30 days notice) in effect requires a minimum of 30 days notice and a maximum of 61 days notice, with the variance due to the requirement that, unless it is delivered on the 1st, any 30-day notice period implicitly starts 1st day of the NEXT month.
In other words are these statements true or false?
1) A tenant who normally pays monthly rent on the 1st of each month cannot, for example, give notice on the November 2nd that he will be leaving on Dec 2nd, without being liable for the full December monthly rent (the tenant cannot pay only a prorated 2 days rent for December).
2) A landlord cannot enforce a notice to terminate a tenancy on any day in December if it is delivered AFTER November 1st.
Read Similar Questions
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Editor's Response
I believe both statements are true. The notice must be given AT LEAST 30 days before the first rental day of the month. That requirement can raise some issues around the month of February (with only 28 days). In other words, if you want to move out on March 1st, make sure you do not give notice on January 31. To avoid problems, it never hurts to give 33 or 34 days notice.