Massachusetts Statewide Rule
Massachusetts Tenancy Termination Notice (M.G.L. c. 186 § 12)
Key Facts
- Tenancy-at-will notice
- One rental period or 30 days, whichever is longer
- Who may give it
- Either landlord or tenant
- Fixed-term lease
- Generally ends on expiration date unless lease requires notice
- Statute
- M.G.L. c. 186 § 12
Summary
To end a tenancy at will (month-to-month), Massachusetts requires written notice equal to one full rental period or 30 days, whichever is longer, under M.G.L. c. 186 § 12. Fixed-term leases generally end on their stated expiration date without separate notice unless the lease says otherwise.
Estates at will may be determined by either party by three months' notice in writing for that purpose given to the other party; and, if the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer.
Full Breakdown
Under M.G.L. c. 186 § 12, a tenancy at will may be terminated by written notice. If "the rent reserved is payable at periods of less than three months, the time of such notice shall be sufficient if it is equal to the interval between the days of payment or thirty days, whichever is longer." For a typical month-to-month tenancy, that means at least 30 days' (or one full rental period's) written notice, given by either landlord or tenant. The statute also allows the notice to include an offer of a new tenancy on different terms without invalidating it. A fixed-term lease ordinarily ends on its own expiration date; if the tenant stays on with the landlord's consent, a tenancy at will is created and § 12 notice rules then apply.
Violations & Penalties
No specific statutory penalty; a termination notice that does not meet the § 12 interval (one rental period or 30 days, whichever is longer) is defective and will not support a no-fault eviction.
Frequently Asked Questions
How much notice to end a month-to-month tenancy in Massachusetts?
Do I need notice to end a fixed-term lease in Massachusetts?
Sources
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