Legal Question in Real Estate Law in Massachusetts

Is there a law stating what penalties a tenant must pay if they fail to give req

My room mate and I were unaware of the required sixty day notice to vacate our apartment. However, because our lease is up and we do not wish to resign we thought it was understood. Also, we signed the lease and informed the management that we would only be here for one year as we are interns at a hospital. The management now claims that we must pay the sixty days in rent. So we are moving out on Sept.1 but they require that we pay until Oct.13 ($2500). It does not state anywhere in the lease that we must pay two months rent if we fail to give sixty days notice. Is there a law stating that the lesee must pay additional rent?


Asked on 8/14/02, 9:04 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Is there a law stating what penalties a tenant must pay if they fail to give

If the lease is for a fixed term (i.e., 1 year) with no automatic roll-over provision then the lease automatically terminates. Unless there was a provision in the lease requiring advance notice to terminate, you would not be liable for any additional rent. There is no law stating that tenants under a lease must provide 60 days notice to terminate. By definition, a fixed term lease expires on a specific date without any notice by either party. At that point, the parties may enter into a new lease if they so desire. Normally, the landlord will contact the tenant near the end of the lease term to ask if the tenant plans on renewing so the landlord can show the apartment if the tenant does not plan on renewing. You can also find additional info on landlord/tenant issues at the Mass state website at www.state.ma.us/consumer/.

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Answered on 8/14/02, 9:45 am


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