Legal Question in Landlord & Tenant Law in Massachusetts

I have given my 30 day notice at my apartment and indicated i would be out May 31st but i have moved most of my stuff out the landlord wants my stuff out now before the 31st so she can rent it can she do that if i gave a 30 day notice?


Asked on 5/10/12, 7:10 am

3 Answers from Attorneys

Roderick Oreste Oreste Law

What matters more than notice is whether or not you paid rent for the month of May. I'm assuming this was a month-to-month tenancy. She can't force you to move your stuff out if you are still technically a tenant for May.

Even if you're not, a landlord can't force you out unless they have a court order.

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Answered on 5/10/12, 7:14 am
John Skinner, III Associated Attorneys of New England

I second Roderick's comments and would add that if you did pay the full amount already, you could offer to be out before May 15th, IF she would refund half your money. Your landlord might be happy to refund the difference if they have a new tenant in place that they do not want to lose, you never know.

I find that in the practice of law, and negotiating settlements, often an overlooked compromise or creative solution can save a lot of time and bad feelings.

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Answered on 5/10/12, 7:19 am
Christopher Vaughn-Martel Charles River Law Partners, LLC

The previous answers are spot on. You cannot be forced out without judicial process. However, if you can move out with little inconvenience perhaps your landlord will provide you with the financial incentive to do so.

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Answered on 5/11/12, 4:40 am


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