Legal Question in Real Estate Law in Massachusetts

tenant gives 10 day notice

I rentd to a tenant without renewing lease, Tenant remained for another year. On Sept 20th tenant informs me that she will be moving out on the 30th of the month only because I asked for the rent. The tenant did not leave me any keys to the house (only the mail box keys). My mistake was not to ask for security, she left 4 large appliances a bedroom set

and a half and some clothing. I have already taken pictures. My question is do she own me a month rent because she dod not give me a months notice or is it just my lost.

I did receive 1st and last. Thank you


Asked on 10/08/02, 10:49 pm

1 Answer from Attorneys

Robert Trant Law Office of Robert R. Trant

Re: tenant gives 10 day notice

A tenant at will must provide at least 30 days notice prior to moving out of the apartment. The notice is generally given on the 1st to take effect on the 30th or 31st. You would be entitled to file an action against the tenant to recover the month's rent. However, this usually is not practical since it may be next to impossible to actually recover money from a tenant or it is usally not worth the cost to chase the tenant to try to collect. Your question mentions you received a last month's rent. Was this used for September? If not, then you would use this as the rent for October and you would not be entitled to any damages.

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Answered on 10/09/02, 8:55 am


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