WORLD Law Direct Forums
Home > WORLD Law Direct Forums > REAL ESTATE & PROPERTY LAW > Landlord vs Tenant Issues > s giving a 30-day notice in MA the law when you are not on a lease/contract?

s giving a 30-day notice in MA the law when you are not on a lease/contract?

This is a discussion on s giving a 30-day notice in MA the law when you are not on a lease/contract? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; Hello, I have been living in an apartment with one room mate. Her parents are the landlords so I never ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jan 23rd, 2008, 07:32 PM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default s giving a 30-day notice in MA the law when you are not on a lease/contract?

Hello,
I have been living in an apartment with one room mate. Her parents are the landlords so I never had to sign a contract or anything. No rental agreement what so ever other then how much I would pay for the month. I told them I would be finding a new place around spring. (Also, their daughter does not pay any rent)

I found a place yesterday. They wanted me to move in Feb 1, but I asked for mid-february to give them some notice. Now her parents are telling me I HAVE to stay until February 23rd because it is the law even if there is no lease or contract. I didnt have too much of a problem with that, but now my landlord also left me a message saying she talked to her attorney and I have to pay up until MARCH 1st.
??? Where did that come from?


Please help me. I am now very uncomfortable even being around them and dont want to stay in the apartment any longer. Their daughter is not a good roommate at all and I wish I would have known this before I moved in 6 months ago.
  Reply With Quote
Sponsored Links
Our attorneys have years of experience with positive results in the debt reduction / debt relief field. Click here for more information.
Old Jan 23rd, 2008, 09:42 PM   #2
Top Level Member
Country:  
OHlandlord's Flag is: United States
 

OHlandlord's Avatar
 
Join Date: Jul 2007
Location: southern OH
Posts: 585

Default Re: s giving a 30-day notice in MA the law when you are not on a lease/contract?

Without a written lease, you are a tenant at will or a month to month tenant. If you paid rent once each month, then you need a month's notice to move out or be asked to move out. If you paid rent on a different schedule, the time period may be shorter. So 30 days would be correct unless you paid rent every 2 weeks or on some other schedule.

The other issue is whether Mass. is a day for day state or a term state. If it is a day for day state, you can give this 30 day notice, and have to be out 30 calendar days later. If it is a term state, the notice you give doesn't take effect until the beginning of the next term (when your rent is next due) and the days count forward from that date, no matter when you actually gave the notice. To find this out, you will need to read the LL Tenant law for your state and lok specifically for a section on notices. Alternatively, you could call a tenant's advocacy group, legal aide, or a HUD office there and ask them when notices must be given.

If it is a term state, and your rent is paid on the first of the month, the notice you give now doesn't take effect until February 1 and you'd be out by March 1. If it is a day for day state, count forward 30 days from the day you gave notice. When did you give notice?
OHlandlord is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 24th, 2008, 12:05 AM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: s giving a 30-day notice in MA the law when you are not on a lease/contract?

I gave the notice early today. So I think technically the 30 days would be up on Feb 21 and not 23.


I told her I had no problem with that, but then was just very taken back and disappointed when I heard she went to her lawyer to try to strong arm me into paying for/staying for the entire month. Just because her daughter pays $0 to live here, I dont think that means she should be trying to give me this extra hardship if its really not necessary.
I am VERY uncomfortable even being here now.


Another question:
If I did only pay until mid february (only for the time i would still be there) - what legal action could she really take against me? I work part time and dont really make much, so would it even be worth it to her to take me to court for 'chump change'.

Also, I offered to find someone else to replace me in the room for when I moved out - but apparently she did not care.

Anywho,
Thank you in advance for any responses.
  Reply With Quote

Did you find this post helpful? Yes | No
Old Jan 24th, 2008, 11:09 AM   #4
Top Level Member
Country:  
OHlandlord's Flag is: United States
 

OHlandlord's Avatar
 
Join Date: Jul 2007
Location: southern OH
Posts: 585

Default Re: s giving a 30-day notice in MA the law when you are not on a lease/contract?

You need to find out if your state is a term state or not. Please call a tenant advocacy group, the clerk of court, legal aide, a LL's association, or someone in that area who would know. This would determine if she would even have cause to sue you at all.

Your state doesn't specifically say 30 days notice, it says notice for the same period as a rent term. If you paid once per month, it means a month's notice. This is generally 30 days, but could also be construed as having to be out on the same day as you gave notice (Feb. 23rd). Only a court could tell you. But just be out by the 21st and you'd have no problem. There's nothing that says you can't move out early, you just have to pay the last month's rent. One day probably wouldn't make much difference.

If your state is a day for day state and you pay rent until Feb 22 (which is 30 days from Jan 23 since you don't count the day you give the notice), they have no reason to take you to court. If it is a term state and you pay the rent until Feb. 22, they could only sue you in small claims for the other 6 days in Feb. (6 / 30 days = 1/5 a month of rent). I don't know how much your rent is, but 1/5 of it is probably very little money. It may cost more to file for the court than what they could gain. (Although some people do file just for the principle.) Did you give a security deposit? If so, they might try to subtract those days from that as a deduction.

Offering to find a replacement tenant was a good gesture. You should put it and your notice to move out in writing (backdate the written Notice to Vacate by saying "Per our conversation of 1/23, I will be vacating the unit within 30 days and am tendering my 30 days notice to vacate as required by law." Or other words to that effect. She does not have to allow you to find the new tenant, but offering shows good will.
OHlandlord is offline   Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

Tags
None

This thread has 3 replies and has been viewed 6339 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
30 day notice if we have no contract/lease Dguad Landlord vs Tenant Issues 5 Feb 5th, 2013 08:07 AM
Legal Proceedings after giving landlord 30 day notice of move out Unregistered Landlord vs Tenant Issues 3 Oct 5th, 2010 12:08 PM
California residential lease: 30 day or 60 day termination notice required? bgerard Landlord vs Tenant Issues 2 Jul 23rd, 2010 11:47 AM
Moving to a new place without giving 30 day notice Unregistered Landlord vs Tenant Issues 2 Jul 3rd, 2010 10:40 PM
No contract, giving 30 day notice mid month, Colorado Unregistered Landlord vs Tenant Issues 5 Jan 14th, 2009 08:38 AM


Our attorneys have years of experience with positive results in the debt reduction / debt relief field. Click here for more information.


All times are GMT -5. The time now is 11:26 PM.