Submitted by ayan78 on Fri, 11/05/2010 - 07:54
I am currently in a Tenancy at Will agreement with my landlord. The agreement specifies that "the rental is on a month-by-month basis and may be terminated by giving written notice at least one rental period in advance, to become effective on the last day of the next rental period." This is on the first page of the agreement.
Now based on this we informed the landlord on Oct 26 that we are vacating Nov 30. But the landlord says that in additional provisions of the rental agreement he specifies 45 day notice, which is actually specified on the last page.
I feel this is misleading but I don't know if I have any choice since I have signed on it. Do you think I have any options or am I resigned to pay an extra month's rent.
Terminating Tenancy at Will Agreement
Massachusetts General Laws Chapter 186, Section 12 is fairly clear on this point. Tenancy at will agreements can be terminated "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."