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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Default Landlord Wants Two Months Notice for Termination of At-Will Tenancy

    My question involves landlord-tenant law in the State of: MA

    I gave my current landlord one month's notice today, saying I
    would move out on January 1st, 2010, which is a rent day. She said
    that, according to the lease she needs two months' notice. On the
    lease, which is a tenancy at will, it says "This tenancy may be
    terminated by a written notice given by either party to the other the
    first 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".

    I also found something online about Massachusetts law, stating that
    one month's notice is sufficient. The above statement means one
    months' notice is sufficient, right?

    "if the rent reserved is payable at periods of less than three months,
    the time of such notice shall be sufficient if it is equal to the
    interval between the days of payment or thirty days, whichever is
    longer"

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,584

    Default Re: Landlord Wants Two Months Notice for Termination of At-Will Tenancy

    Both your lease and the law state that 30 days notice is sufficient, and you've actually given her a smidge longer than 30 days.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

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