Legal Question in Landlord & Tenant Law in Massachusetts
We live in Abington,Ma and rent from an apartment complex. We are providing a thirty day notice of our intent to vacate said premises. The complex charges an extra month and a half for early termination, which is not a problem for us, however they say thirty days is not sufficient notice.
What is the laws regarding sufficient notice?
2 Answers from Attorneys
Thanks for your question. The answer to the question depends on the type of tenancy you have. If you pay your rent on a monthly basis and do not have a lease specifying a beginning and end date to your tenancy, then you have what is known as a "month-to-month" tenancy or tenancy at will. In this instance you may terminate the tenancy by giving one rental period's notice to the landlord, with the notice being received (either by certified or registered mail or delivery by a constable) at least one month prior to the date on which you want the tenancy to terminate. So, for example, if you want to vacate by the end of March (assuming you pay your rent on the first of each month), you would need to have a notice received by the landlord no later than February 28. If you have a lease with a date for the lease term to end, you need not provide any notice, as the tenancy terminates automatically at the end of the lease term.
Hope this helps.
Thirty days or one rent period unless there is a written agreement such as a lease which provides otherwise. Good Luck!