Keith Mack
In Massachusetts, landlords must provide a 30-day notice to terminate a month-to-month tenancy. However, there are certain scenarios in which a landlord may be required to give a 60-day notice. For instance, in cases of terminating monthly tenancies in a multi-family property, landlords must give 60 days' notice when seeking to terminate 20 or more or 50% of tenancies within a 30-day period. Additionally, if there is no written rental agreement and tenants have resided in the unit for more than two years, a 60-day notice to terminate is required.
| Characteristics | Values |
|---|---|
| Tenancy agreement | Written or verbal |
| Rental period | One week to one month |
| Notice period | 60 days |
| Lease duration | One year |
| Termination of tenancy | 30 days or one month before the due date of the next rent payment |
| Rent increase | 90 days' notice |
| Non-renewal clause | 60 days' notice |
| Tenants' rights | Safe and habitable living environment |
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What You'll Learn
Month-to-month tenancies in multi-family properties
In Massachusetts, tenants have a number of rights that protect them from unfair practices by landlords. For instance, landlords cannot charge interest or a penalty on late rent until 30 days after the due date, and they must provide an apartment that is safe, clean, and compliant with the Massachusetts Sanitary Code.
Regarding month-to-month tenancies in multi-family properties, landlords must give 60 days' notice when they seek to terminate 20 or more, or 50% of tenancies within a consecutive 30-day period. This does not apply if the termination is due to non-payment of rent. Tenants, on the other hand, must give 20 days' notice before the end of the "rental period" (the day before rent is due). However, tenants who are members of the armed forces, as well as their spouses and dependents, may give less than 20 days' notice if they receive permanent change of station or deployment orders that do not allow for a 20-day written notice.
In the state, a landlord must have a just cause, as enumerated in state law, to terminate a month-to-month tenancy. Additionally, if there is no written rental agreement, tenants who have continuously resided in the unit for two years or less are entitled to 60 days' notice to terminate, while those who have resided longer are entitled to 90 days. If there is a written rental agreement, tenants who have lived in the unit for two years or less are entitled to 30 days' notice, while those who have lived there longer are entitled to 60 days.
It is important to note that the rules for month-to-month tenancies may vary depending on local laws and the specific circumstances of the tenancy. For example, if the tenancy is subsidized, tenants may have different rights and responsibilities.
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Written rental agreements
In Massachusetts, a landlord can require 60 days' notice, depending on the situation. For instance, if there is no written rental agreement, and the tenants have continuously resided in the unit for over two years, 60 days' notice is required to terminate the tenancy. On the other hand, if there is a written rental agreement and the tenants have lived in the unit for two years or less, only 30 days' notice is required.
In Massachusetts, there is no court- or state-sanctioned lease agreement. However, it is recommended that rental agreements are written, as they can be verbal or written. In the absence of a written document, the law places the burden of paying utilities on the landlord, despite any verbal agreements.
A written rental agreement should include the name, address, and phone number of the owner, the person responsible for maintenance, and the person to whom the tenant can give copies of formal notices, complaints, or court papers. If the landlord receives a security deposit, the amount paid must be shown, and the tenant's rights to that deposit must be explained. The lease or rental agreement may also require the tenant to pay for and provide the fuel to heat the water.
If the rental property was built before 1978, the landlord and tenant must sign and retain a copy of the Tenant Lead Law Notification and Tenant Certification. These forms inform the tenant of the known risks and causes of lead poisoning and disclose whether lead-based paint is present in the unit. Landlords are also required to give tenants a copy of the Massachusetts Lead Law Notification form, which explains the dangers of lead paint and the requirement to remove it from apartments where children under six will reside.
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Verbal rental agreements
In Massachusetts, a rental agreement can be verbal or written. While a written agreement is recommended, a verbal agreement is still valid.
In a tenancy-at-will, there is often no written agreement. Instead, the tenant may be asked to sign a form that says "Rental Agreement" or "Tenancy-at-Will" at the top. This form should include the amount of monthly rent and basic rules. A tenancy-at-will does not last for a set amount of time and can be ended by either the landlord or the tenant by providing the other party with notice. The notice period is typically 30 days or one month before the next rent payment is due, whichever is longer. During this type of agreement, the rent can be changed within the same 30 days or one month before the tenancy ends.
If there is no written rental agreement and the tenant has resided in the unit for two years or less, 60 days' notice is required to terminate the tenancy. If the tenant has resided in the unit for longer than two years, 90 days' notice is required.
It's important to note that landlords must provide proper notice before increasing the rent. In Massachusetts, landlords must give 90 days' notice for tenancies lasting more than a month, 60 days' notice for tenancy terms of one week to one month, and seven days' notice if there is a written lease (21 days if there is no written lease). These rules outline the minimum notice period required and may vary depending on the specific circumstances and local regulations.
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Tenants with children
In Massachusetts, the rights and responsibilities of landlords and tenants are dependent on the type of tenancy. A tenancy-at-will does not have a set duration and can be ended by either the landlord or the tenant by providing a 30-day notice or one-month notice, whichever is longer. On the other hand, a lease-based tenancy lasts for a specific period, commonly a year, during which the landlord cannot terminate the tenancy unless the tenant breaches the lease conditions.
In the context of lease-based tenancies, Massachusetts law requires landlords to provide adequate notice before increasing rent or terminating the lease. The notice period depends on the duration of the tenancy and the existence of a written agreement. If there is no written agreement and tenants have resided in the unit for two years or less, a 60-day notice to terminate is required. For tenants who have lived in the unit for more than two years, the notice period extends to 90 days.
When it comes to tenants with children, there are additional considerations. Massachusetts Fair Housing Law prohibits discrimination in housing based on familial status, which includes having children under the age of 18. Landlords cannot refuse to rent to someone because they have children, except in specific cases, such as owner-occupied two-family dwellings. Additionally, if a child under six resides in a unit with unsafe lead levels, the landlord is legally obligated to remove the lead. In such cases, tenants have the right to receive a copy of the Massachusetts Lead Law Notification form, which outlines their rights and the steps the landlord must take to address the issue.
It is important to note that tenants with children facing eviction can seek support through the Residential Assistance for Families in Transition (RAFT) program. This program provides short-term emergency payments of up to $7,000 per year for eligible families facing eviction or struggling with rent payments. Additionally, tenants with children have the same rights as other tenants to negotiate the terms of their lease, request repairs, and file complaints without fear of retaliation from their landlord.
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Lease renewal
In Massachusetts, lease renewal and non-renewal notices are dictated by state laws. The notice period for lease renewal varies, but it typically ranges from 30 to 60 days before the current lease ends. For yearly leases, the non-renewal notice requirement is usually 60 days before the end of the lease.
In Massachusetts, many tenants have fixed-term leases, which allow them to stay in a rental unit for a set period. However, some tenants have "month-to-month" or "week-to-week" tenancies. In these cases, if either the landlord or the tenant wishes to terminate the lease, they must provide a certain amount of advance notice. The amount of notice required depends on how often the tenant pays rent. For leases with payment periods of three months or less, at least 30 days' notice must be given. This includes week-to-week and month-to-month tenancies.
Massachusetts law requires both landlords and tenants to explicitly inform the other party when they want to end a tenancy-at-will. Only once this notice is provided will the lease end. If a tenant fails to provide notice, they must continue paying rent, even if they move out.
It is important to note that landlords and tenants can negotiate the terms of a lease. Any changes should be written into the lease, and both parties should be clear about the terms and conditions before signing.
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Frequently asked questions
Yes, a landlord can require 60 days' notice per Mass law. If there is no written rental agreement, tenants who have resided in the unit for longer than two years must be given 60 days' notice. For tenancies lasting more than a month, landlords must give 60 days' notice for a rent increase.
If the tenant has lived in the property for less than two years, the landlord must give 30 days' notice.
For tenancies lasting more than a month, landlords must give 60 days' notice for a rent increase. For tenancy terms of one week to one month, 45 days' notice is required.
For terminating a monthly tenancy in a multi-family property, 60 days' notice is required.
