Legal Question in Landlord & Tenant Law in Massachusetts

Landlord Tenant Agreement

I am about to sign an agreement with a tenant who is ''On the fence'' in terms on not being sure if she wants the unit. I went through over 30 applications in which she was chosen based on several factors. She agreed to meet me last week to sign the paperwork and pay first and last. I told her that she could give me just last at the moment and pay first when she moves in. My question is, if she changes her mind and decides not to rent the unit is there a way that I can charge her for that because I would have lost someone who really did want the unit and have to lose out on a month of rent finding someone else interested. Would it be legal to put language in the ''month to month'' agreement that would allow me to keep something in case she changes her mind. I can't afford to lose any more money because she told me that she would move in September and I am already losing 2 months by giving her the unit.


Asked on 7/21/09, 6:00 pm

1 Answer from Attorneys
Joseph Murray Joseph M. Murray, Esq.

Re: Landlord Tenant Agreement

If you have a properly drafted written tenancy agreement it should state the rent is due on the First of the month and the tenant must give at least 30 days notice prior to the next rent day to terminate without being responsible for a full month's rent. If in doubt, retain an attorney to draft the agreement and advise you. Good Luck!

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Answered on 7/21/09, 6:17 pm


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