Legal Question in Real Estate Law in Massachusetts

Re: Termination of Lease

The lessor can terminate the lease if there has been a breach of the lease terms (i.e., failure to pay rent, damage to unit). The notice needs to specify why the lessor is terminating the lease. After the lessor sends the termination notice, the lessor would then need to file a Summary Process action in Housing or District court to recover possession of the unit. The lessee would be able to offer evidence that the lease has not been breached and/or assert any claims against the lessor related to the leased premises. The only other time the lessor can terminate the lease is at the end of the lease term. Leases are either for a fixed term or an indefinite term (automatic renewal provision). The leases for an indefinte term usually contain a clause that either party can terminate on the anniversary date by giving the other party notice of intent not to renew. You should carefully review the termination notice and your lease to determine whether or not the lessor is correctly trying to terminate the lease.