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How Much Notice Does a Subtenant Have to Give Before Moving Out

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  • 04-24-2013, 07:22 AM
    MikeAllgood333
    How Much Notice Does a Subtenant Have to Give Before Moving Out
    My question involves landlord-tenant law in the State of: Massachusetts

    I'm the lessee in an apartment in Massachusetts and have had a roommate renting a room (paying their share directly to me) for three months. They've suddenly told me on 4/22 (via text message) that they plan on moving out by May 1st in order to move in with their SO. She's been paying her rent to me on the first of every month (basically month-to-month), but we don't have a written agreement (I know, this was mistake number one). Of course, now I'm worried about whether I can find a roommate in time.

    My understanding was that in the absence of a written agreement she would be a tenant at will/month-to-month (and would be required to give 30 days notice), but I'm no expert and could be wrong. Is she in the clear to move out before May 1st and not pay any rent for that month? Thanks in advance for any help!
  • 04-24-2013, 07:58 AM
    gail in georgia
    Re: Must a Roommate/Subletter Give Me (Main Tenant) 30 Days Notice Before Moving Out
    Attached is a description of the different types of leases in your state. You are correct that since your roommate has been paying rent on a monthly basis, she is a Tenant at Will and the required amount of time she must provide you to terminate this type of lease is outlined below. In other words, she owes you rent for May (unless, of course, either you or she finds a suitable replacement before this time period).:

    "A Tenant with a Lease is one who signs a lease to rent a particular apartment for a specified period of time. Under this tenancy, the landlord cannot increase your rent until the end of the lease, and cannot attempt to evict you before the end of your lease, unless you violate the lease agreement. You are legally obligated to pay your rent until the end of the lease. However, if you need or choose to move out before the end of the lease, in most circumstances the landlord has a duty to mitigate his/her loss by looking for another tenant to replace you.

    A Tenant at Will is one who occupies a rented apartment without a lease, but pays rent periodically (typically monthly). The agreement for the Tenancy at Will may be either written or verbal. Either the landlord or you may terminate this arrangement at any time by giving written notice of 30 days or one full rental period in advance, whichever is longer. No reason is required to terminate a Tenancy at Will. If your landlord wants to raise your rent, s/he must send you a proper legal notice terminating your tenancy, and then make you an offer to remain in the apartment for the increased rent."

    Gail
  • 04-24-2013, 08:32 AM
    MikeAllgood333
    Re: Must a Roommate/Subletter Give Me (Main Tenant) 30 Days Notice Before Moving Out
    Thank you very much for your response, Gail. So I take it that in this situation, for the purposes of giving notice described in the text you attached, I am considered her "landlord" (even though I am not the landlord for the whole building)?
  • 04-24-2013, 09:03 AM
    gail in georgia
    Re: Must a Roommate/Subletter Give Me (Main Tenant) 30 Days Notice Before Moving Out
    You are her landlord as she has been paying rent to you.

    Gail
  • 04-24-2013, 11:43 AM
    MikeAllgood333
    Re: Must a Roommate/Subletter Give Me (Main Tenant) 30 Days Notice Before Moving Out
    Okay, one last question, I swear (thank you so much for responding again). Am I required to accept pretty much any old roommate to replace her if one is available before May 1st? In other words, I would obviously prefer to find someone who I think is responsible, will be a good roommate, and avoid certain other qualities (e.g. them having a dog or cat that would also live in the apartment); if I don't immediately move in a roommate for May who I don't think is acceptable will I forfeit my chances of collecting any portion of May rent from the roommate who suddenly moved out in Small Claims Court?
  • 04-24-2013, 12:02 PM
    adjusterjack
    Re: Must a Roommate/Subletter Give Me (Main Tenant) 30 Days Notice Before Moving Out
    A court would expect you to make reasonable efforts to find a replacement roommate who is at least as qualified as the one who is moving out.

    You would not be expected to accept lowlifes or deadbeats.
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