Legal Question in Landlord & Tenant Law in Massachusetts
a rental
tenant moved in on a month to
month lease paid 1st & last moved in
in august gave one week notice and
moved in nov. can I charge him for
December for not giving proper
notice
2 Answers from Attorneys
Re: a rental
If the tenant moved in November and gave you one week's notice, you would be entitled to the rent for December. In a month-to-month tenancy, either party may terminate the tenancy with at least one rental period (month) of notice, in writing to the other. The tenant did not give the month's required notice and thus did not terminate in time to avoid the obligation of paying the December rent.
Re: a rental
While you may charge the full month's rent for December due to tenant giving only one week notice, you have a duty to try to rent the property and mitigate damages, if you can. If you do rent from December first you can't charge the former tenant also.
Good Luck!