State Specific Question About: MASSACHUSETTS (MA)

I have a tenant that called me on the second day of the month and told me he could not stay and had moved out. I had no prior notice that the tenant had plans of moving whatsoever. Tenant was a tenant at will and agreement states 30 written notice to end tenancy. Does Massachusetts law allow me to collect that months rent? I've never run into this now I have 2 situation in 3 months very similar.

I hope a MASS LL will let you know the MA law on this. In CA, if the Tenant gives 30 day notice on Feb 25, the tenancy ends on March 27.

Can you keep 27/30 of one month's rent? If you could not with reasonably diligence re-rent the unit before March 27, you can deduct the 27 days rent from the SD.

30 days notice means a full rental period, not just 30 calendar days. If rent was due on the 1st and they told you they were leaving on the 2nd-they lose. That is not a full rental period, and you would be required to give them the same. Most month to month rental agreements say that- but I think it is written like that in MA General Laws ( but I didn't look it up).

G, Come to Convention in Nashville in May. You are not in control - I'll be teaching on CONTROL!

Right now, edit your lease to specify that

"Rent is for full calendar months and is not prorated at move out. Example: resident gives move out notice on Jan 15, resident is responsible for the following full calendar month of February.

Move out notice will only be accepted in writing and must be confirmed by management.

Security deposit may not be used as the last month's rent.

Unpaid rent, including the last month, will incur late fees and trigger the eviction process, appearing in court records, on resident's credit report, renters report, and in the newspaper."

Next, add this one, simple clause. It would solve both these problems:

"Early Lease Termination Fee $____Resident may pay this one time fee to end the lease early and not be held liable for any months after their 30 day notice period."

Your question "can you_____?" My answer is

-check your state laws. You got some reputable MA advice here.

-everything is negotiable. If they will PAY IT, then yes.

-but know not everything will hold up IF (and only if) it goes to court.

Yes & Yes, provided you have fully complied with all MA LL / Tenant laws / regulations regarding written rental agreements (either term lease or month to month) especially the extremely strict & precise security deposit requirements.

I know that with the way my rental agreements are written & the way that I comply with MA laws & regulations, that I would be getting paid or a judgement for;

#1 rent for current month he moved as well as next month if unit not rerented and any tenant damages. These $'s would be either properly accounted for under SD or taken to court if I wanted to.

#2 rent for March would be paid unless I had already rented the unit and any damage would be taken out of the SD. In her case I would not follow my standard procedure of issuing a 14 day notice on the 5th or 1st Friday of the month (whichever is later) because then I would be terminating her lease & she would only be responsible for rent until she returned the unit to me.

In case #2 did the tenant return the keys, turn off the utilities, provide proper notice according to the terms of your rental agreement, are you planning to provide a written SD accounting within the required time period?