Legal Question in Landlord & Tenant Law in Massachusetts
self-extended Leases
I signed a 12-month lease with a self-extension clause. The clause states that a 30-day notice should be provided 30-days prior to the expiration of the Lease Agreement. I subitted a 30-day notice of not wishing to extend the lease for another year and wish to remain as a tenant-at-will. The reponse I recieved from the landlord was after the the lease termination date,was a notice stating: that there is no month-to-month tenancy and if I don't vacate in 14-days that the lease self-extend. Can the lanlord do this and hold me liable for another year if I don't wish to vacate within 14-days even after I submitted notice that I do not desire to stay for a complete year? I thought that after a 12-month lease expires your are automactically considered tenant-at will.
2 Answers from Attorneys
Re: self-extended Leases
Mr. Martel's answer is pretty well on point. I would add that the notice to quit is, on its face, legally insufficient so long as you have paid the rent. I believe that a fourteen-day notice can only be asserted for failure to pay rent. He should be using a thirty-day notice.
Re: self-extended Leases
I would like to take a look at this lease clause before giving you any advice. What made you think the landlord would agree to a month-to-month tenancy? S/he is under no obligation to do so.
However, it would seem that the landlord has broken his own 30 day notice rule by providing you with 14 days to quit the premises. I assume at this point that you no longer wish to remain in this apartment.
You may want to consult with an attorney to ensure that your rights are not trampled, and to make sure that you receive your security deposit and other advance moneys paid.
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14 day quit notice What information needs to be on a 14 day quit notice? Asked 12/04/07, 9:06 am in United States Massachusetts Landlord & Tenants
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