Legal Question in Real Estate Law in Massachusetts

Re: tenant at will eviction

In a tenancy at will situation, if you want to raise the rent you need to serve a 30 Day Notice to Quit to terminate the current tenancy and within the notice you can offer to create a new tenancy at the higher rate. The notice needs to be served on the first to terminate the tenancy on the 30th. For example, if you served the notice on 4/1, the tenancy would terminate on 4/30 and if the tenanc accepts the new tenancy at the higher rate, the rate would be effective for 5/1. Keep in mind that the tenant is not obligated to pay the higher rate. If the tenant refuses to accept the new tenancy at the higher rent, you would then need to bring a Summary Process action to evict the tenant since you have terminated their tenancy with the 30 day notice. I would recommend that you hire an attorney to draft the notice and to assist in bringing the summary process action (if the tenant refuses the increase). In order to be effective, the notice must contain specific language to terminate the tenancy and offer the new tenancy.