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When Do the Terms of My Lease Expire

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  • 02-22-2009, 12:35 PM
    verasch
    When Do the Terms of My Lease Expire
    My question involves landlord-tenant law in the State of: Massachusetts

    Hi,

    My lease is up at the end of this month. I want to move to another state that is a bit cheaper than this one. My landlady never contacted me asking me if I intend to stay for an extra year, so I thought I was obligated to give her 30 days notice that I was leaving. I did, and I feel like an idiot for not noticing that before I signed it and was honestly trying to consider her in this economy.

    After speaking with her about this, she told me that I had signed an addendum to the lease that stated I would give her 60 days notice, and that she will charge me some kind of fee if she can't rent it within 30 days. She also told me that I was inconsiderate for not telling her about this sooner, not that that matters.

    If the lease ends at the end of this month, when do the terms of that lease end? Nothing in the lease or the addendum states anything about the repercussions of not giving 60 days notice, so if I am stuck, is there anything written somewhere of how much fee I'm looking at?

    This is what the addendum states:

    6. Both parties agree to confer sixty days prior to lease termination with written notice as to the intentions to renew or to quit this lease.

    thanks for any and all help on this.
  • 02-22-2009, 01:46 PM
    jk
    Re: When Do the Terms of My Lease Expire
    you owe her the diff between the notice you gave her and the required 60 day requirement in the lease.

    consider yourself lucky the lease didn't self renew for another year.
  • 02-22-2009, 03:37 PM
    verasch
    Re: When Do the Terms of My Lease Expire
    Thanks for replying.

    No where in the lease does it state that it will renew automatically, and the lease specifically states it terminates on February 28, 2009.

    Is there somewhere online you can direct me too of that information you posted?

    thanks
  • 02-22-2009, 04:14 PM
    jk
    Re: When Do the Terms of My Lease Expire
    you are the one that said there was a signed addendum. Are you disputing this.


    as to pointing you in the right direction; it is basic contract law. You are bound by the contracts you sign.

    If you did not sign such an addendum, what did the lease say about termination of the lease and notice requirements?
  • 02-22-2009, 05:22 PM
    verasch
    Re: When Do the Terms of My Lease Expire
    Quote:

    Quoting jk
    View Post
    you are the one that said there was a signed addendum. Are you disputing this.

    I'm not disputing that I signed the addendum, no. I'm saying that no where in the addendum nor the lease does it state that it will renew automatically.

    Quote:

    as to pointing you in the right direction; it is basic contract law. You are bound by the contracts you sign.
    Right, I'm aware of that :). I'm wondering what I'm responsible for after the contract ends. For example, if I just gave her another month's rent, becoming some sort of month-to-month leasee, then decided I wanted to leave and give her the state required (at least I think it's a state requirement) 30 days notice, wouldn't that mean that I'm only required to abide by a month-to-month thing? Once the contract ends, do all the other terms expire with it?

    Quote:

    If you did not sign such an addendum, what did the lease say about termination of the lease and notice requirements?
    The addendum was just a bunch of other things that weren't on the lease itself, like the landlord recognizes payment of the first and last, I've got to remove my own snow, that sort of thing.

    Thanks
  • 02-22-2009, 05:55 PM
    jk
    Re: When Do the Terms of My Lease Expire
    Quote:

    =verasch;291068]I'm not disputing that I signed the addendum, no. I'm saying that no where in the addendum nor the lease does it state that it will renew automatically.
    who said it did. I said:
    Quote:

    consider yourself lucky the lease didn't self renew for another year.
    basically stating that if it had, you would have much more liability that the one month the LL seeks now.



    Quote:

    Right, I'm aware of that :). I'm wondering what I'm responsible for after the contract ends. For example, if I just gave her another month's rent, becoming some sort of month-to-month leasee, then decided I wanted to leave and give her the state required (at least I think it's a state requirement) 30 days notice, wouldn't that mean that I'm only required to abide by a month-to-month thing? Once the contract ends, do all the other terms expire with it?
    not sure what you are asking here. Once the contract expires, it expires but it can initiate another contract such as a month to month tenancy where the rules would carry over. If it states the terms of notice remain, unless there is a state law that disallows the 60 days v. 30 days, the 60 days are what is required.
  • 02-22-2009, 07:05 PM
    verasch
    Re: When Do the Terms of My Lease Expire
    Thanks again for responding.

    Quote:

    Quoting jk
    View Post
    who said it did. I said:
    basically stating that if it had, you would have much more liability that the one month the LL seeks now.

    hmm. i hadn't thought of that. Of course now that you mention it I'm glad the lease or the addendum doesn't say lots of things. It could say something bizarre like how I'm not allowed to store pants in the apartment or something. I guess I'm lucky for that too!

    Quote:

    not sure what you are asking here. Once the contract expires, it expires but it can initiate another contract such as a month to month tenancy where the rules would carry over.
    Do you know if the lease would have to state that in the first place though?

    Quote:

    If it states the terms of notice remain, unless there is a state law that disallows the 60 days v. 30 days, the 60 days are what is required.
    Hmm okay. I suppose that answers my question in a round about fashion. It doesn't specificly state that the terms of notice remain. Thanks again for your advice!
  • 02-22-2009, 07:23 PM
    jk
    Re: When Do the Terms of My Lease Expire
    Quote:

    hmm. i hadn't thought of that. Of course now that you mention it I'm glad the lease or the addendum doesn't say lots of things. It could say something bizarre like how I'm not allowed to store pants in the apartment or something. I guess I'm lucky for that too!
    hopefully the intent is not being a smartass. I answered your questions fairly. There are leases that do self renew. None that I have heard of disallow pants being stored in the apartment.


    Quote:

    Do you know if the lease would have to state that in the first place though?
    state law often plays a part here if the lease does not state anything



    Quote:

    Hmm okay. I suppose that answers my question in a round about fashion. It doesn't specificly state that the terms of notice remain. Thanks again for your advice!
    thats because I do not have the lease in front of me nor am I overly inclined to search your states laws for a hypothetical situation.
  • 02-22-2009, 07:34 PM
    verasch
    Re: When Do the Terms of My Lease Expire
    Quote:

    Quoting jk
    View Post
    thats because I do not have the lease in front of me nor am I overly inclined to search your states laws for a hypothetical situation.

    fair enough.

    i guess I was hoping that someone with mass real estate law knowledge could answer my question. i appreciate you taking a stab at it.
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