Legal Question in Real Estate Law in Massachusetts

I am a tenant at will on my lease. My lease stipulates that this tenancy may be terminated by a written notice given by either party to the other before the day of any rental period and shall be effective on the last day of that rental period, or thirty days after such notice has been given, whichever is longer; provided, however, that in the event of any breach by Tenant of this agreement, Landlord shall be entitled to pursue any and all remedies provided or recognized by applicable law. However, there is an additional provision that states I cannot give notice to vacate for December 1st through February 1st. Can I give notice on January 1st with plans to vacate on February 2nd? I'd like to know what my options are within these stipulations. Thank you!


Asked on 11/08/12, 7:22 am

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

It is not possible to provide actual legal advice without reading the controlling agreement. Unfortunately the exact wording matters.

I am not sure what "the day of any rental period" means. Although I can't be certain, it sounds like you can give notice of termination of the tenancy on February 2, 2012, at any time on or before January 2, 2012.

Does it say that you may not "give notice" or that you may not "terminate the tenancy" between December 1 and February 1?

You may want to schedule an office consultation and assess your rights and obligations.

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Answered on 11/08/12, 11:36 am


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