Legal Question in Landlord & Tenant Law in Massachusetts

if i had a one year lease for 1st month & last month. I notified my landlord on 12/8 that i will be moved out by the end of January and he responds back sure no problem, thanks for the heads up. Then i call him 1 weeks later and said i will be moved out by 12/31. wouldnt my 30 day notice start the 1 week after 12/8? therefore i am only liable for half month of January. he got someone to rent as of Feb 1st and didnt start looking for tenants until January 2nd. Please help, he is holding a full months rent and doesnt not want to return half.


Asked on 1/15/13, 4:07 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

Thank you for your question.

You don't mention whether you are a tenant under a lease agreement, or whether the lease had expired and you were a tenant-at-will. If you were under a lease agreement, then your rights are spelled out, and you should take your agreement to an attorney to determine your rights. If you are a tenant-at-will, then either party can terminate the tenancy by providing one full rental period of notice (and not less than 30 days). That means that if you provide notice on December 8, you can terminate the tenancy as of February 1. The landlord has no obligation to break months up into 1/2s or 1/4s.

That being said, everything is negotiable!

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Answered on 1/18/13, 5:32 am


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