Boston lease renewal laws

Usually, you can figure this out by reading the first 10 or 15 lines of the lease. This means, you or your landlord must give the other written notice if you want to terminate the tenancy. If neither you nor your landlord gives the other notice, your lease continues or "extends" automatically for another year.

If the original lease was not 1 year, it extends for the same amount of time as the original lease. If you have a self extending lease, the terms of your original lease stay the same. You can only change them if you and your landlord agree and write it on the lease.

If you want to leave, pay attention to when the lease says you must give your landlord notice. Usually, leases say you must give your landlord notice at least 1 month before the lease ends.

Read your lease to figure out when you must give your landlord notice that you want to renew the lease. Write this on your calendar so you remember to do this. If you want to stay for another lease term, you may have to enter into a new lease or sign the existing lease again.

Or you or your landlord can change certain terms. For example, your landlord may want to increase the rent. See Chapter 5: Rent. The title of the lease document is not enough to determine whether the lease is "fixed term" or "self extending".

You need to read the portions of the lease that pertain to termination or renewal. The one thing you should not do is ignore the expiration of a lease. If the agreement expires without either the landlord or the tenant taking some action, then both parties are left uncertain about the situation. Under the lease, the tenant was not allowed to have a pet. If the lease has expired, does that mean a pet is now allowed? If the lease expires without action or renewal, the tenant does not become a squatter.

Under Massachusetts law, they become either a "tenant at will" or a "tenant at sufferance". The difference is whether they have the landlord's permission to remain. A "tenant at will" does have permission.

A "tenant at sufferance" does not. The different types of tenancies have different rules. Don't wait until the last minute, either. Start this process at least 30 or preferably 60 days before the expiration date. This gives the landlord and the tenant plenty of time to discuss required changes in a no-pressure environment.

The surest way to make a tenant dislike you is to ignore the renewal and then create a lot of stress with rent raises or other contract changes at the last minute. It also must tell you how you need to pay the fee, and if the fee usually only applies if you enter into a rental agreement. You both have to sign off on the notice, and the broker has to keep it on file for three years. Property owners must keep your security deposit in its own separate, interest-bearing account in a Massachusetts bank.

They also have to give you receipts showing the amount of the deposit, contact information for you and the property owner, and a description of your apartment. The same receipt of in a second one given to you within 30 days must include the name of the bank in MA where it is being held, and the account number.

This is a list of any defects or damage already in the apartment. If you disagree with it, you need to dispute the notice in writing within 15 days of receiving it.

You will be entitled to interest only if your tenancy lasts for a year or more. You can sue the property owner if they don't return your security deposit within 30 days of the lease ending, or if you disagree with any deductions. The property owner has to give you a receipt for your last month's rent. The receipt must show:. The property owner has to pay interest on your last month's rent even if you move out before the year is up.

The interest each year is either 5 percent or the amount of interest the bank pays, whichever is lower. If you stay in the apartment for more than one year, you can get the interest when you move out, or ask the property owner to apply it to your next rent payment.

If a property owner offers you a lease, read it carefully before signing it. Leases, which typically run for one year, are binding legal contracts. A tenancy-at-will agreement, which can be written or verbal, gives you the opportunity to move out after giving the property owner a proper day written notice. It also allows the property owner to ask you to leave or increase your rent with a proper day written notice. A lease offers you more security but a tenancy-at-will is more flexible.

Read any agreement completely before signing it and keep a copy for your records. If a property owner wants to evict you, they must end your tenancy with the proper written notice, and file a summary process action in court. Ultimately, only a judge can evict you. How to respond to an eviction. Make sure you respond to any court documents you receive. If you do not show up to defend yourself in court, you will most likely lose by default.

If you have any more questions, or need help, please contact the Office of Housing Stability. To withhold rent is what size, the landlord also establishes the first two other terms can come to boston lease renewal laws?

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