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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Is a 60 day move out notice required?
My boyfriend and I have been renting our current apt. since July of 2002. On Aug. 20, 2008 I gave our Management Co. written notice that we will be moving out by Sept. 30, 2008. They now state that if they do not find anyone to rent out apt., we will be responsible for Oct. rent. We are tenants at will in Massachusetts. Can they legally require more that a 30 day notice?
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#2 |
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This depends. Did you have an original lease which stated it rolled over automatically to a month to month agreement? If so, you have to give whatever amount of notice was listed under that agreement. Your agreement continued on under the same terms as the first lease except for the length (which became monthly). If there was no mention of this or you had no written lease, you need to give the amount of notice between rent payments on or prior to the rent due date.
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#3 |
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WHEN WE MOVED IN BACK IN JULY OF 2002, WE SIGNED A 60 DAY TENANT AT WILL AGREEMENT. IT STATED THAT OUR RENT WOULD NOT CHANGE UNTIL AFTER JUNE 30, 2003. SINCE THIS IS NOT TECHNICALLY A "LEASE" AND WAS SIGNED OVER SIX YEARS AGO WITH RENT INCREASE AFTER JUNE OF 2003, I ASSUMED THE AGREEMENT HAD EXPIRED AND WE THEN BECAME TENANTS AT WILL UNDER MASSACHUSETTS LAWS WHICH REQUIRES MONTH TO MONTH TENANTS TO ONLY HAVE TO SUBMIT 30 DAYS NOTICE. DOES THIS SOUND RIGHT?
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#4 |
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This was a lease you signed. It was a term lease for one year, regardless of what they called it. Was there a clause in that lease that stated it renewed on a month to month basis after it expired? Go back and read it. A lease that renews monthly remains under the same terms as the original one. If it renewed, you are required to follow the same terms, 60 days notice. If there is no clause that states it renews, it has expired and you can give the current amount of notice, the interval between rent payments.
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#5 |
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According to St. Catharines Apartments website, 60 days notice is required by law, even if you have been there for years. They will more than likely take you to small claims to get it if you don't pay.
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#6 |
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The website may say that because the company could be based out of another state and they are quoting that states law. (Some states do require 60 days.) What does the lease say?
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