Legal Question in Real Estate Law in Massachusetts

Re: Lease/Tenant at Will

1. Did your notice of non-renewal meet the timing requirements of the lease?

2. Was it in writing?

3. How do you know when she actually received the notice? Did you give it to her?

4. Did your written notice say she could be a tenant at will (or could stay) for 30 more days if she paid another month's rent?

5. What does the will say about automatic extensions or renewals of the lease at the end of the year?

I think also from what you've said that she was to be a tenant at will for 30 days. In my opinion, you do not have to give her back the last month's rent. Her notice to you to end a tenancy at will was insufficient; it has to be 30 days notice ending on a rent day (which means that a notice on January 31st isn't sufficient for a tenant to leave by March 1st without paying March's rent ... since February doesn't have 30 days in it). In other words, her notice didn't terminate the tenancy on time, sorry.

HOWEVER, you are not entitled to a windfall, either. You are obligated under the law to take steps to get the apartment rented for August and you have to refund to her the amount that you collect for August (even though it was harder to find someone for August than to wait until September). If in spite of your best efforts you cannot find someone for August (and you could have to show specifically what efforts you made if the matter went to court), then you do get to keep the August/last month rent.

I'm sorry I didn't see this posting soon enough to help you on this matter but the education will do you good for next time.