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Can An Apartment Refuse To Renew A Lease? In most states, it is up to the property owner and manager to determine whether or not they want to extend their lease agreement with a tenant. If they do not want to continue to rent to that tenant for some reason, it is within their rights to do so.
You can immediately file an eviction if the tenant refuses to leave the property.If you took a rental payment from the tenant after their lease expired, you'll need to provide all the normal notices. When your tenant overstays their lease, you will still, however, be required to go through the normal eviction process.
At-will tenancy is subject to the will of both the tenant and the landlord (hence the name). In other words, the tenant can choose to leave and stop paying rent at any time, and the landlord can choose to stop accepting rent and ask the tenant to leave at any time.
A termination notice has to give the tenant 14 clear days before the tenant has to leave the residential premises. The day the notice is served on the tenant and the day the tenant moves out do not count as part of the 14 days.
With that said, the lease does not terminate immediately. Once the notice is delivered, the earliest the lease can terminate is 30 days after the beginning of the next rent period.
The law requires tenants at will to give landlords written notice that they are moving out at least one full rental period or 30 days (whichever is longer) before moving.
Though landlords must scrupulously respect tenants' rights, one thing they don't have to do is automatically renew tenant's leases. In fact, except for discriminatory or retaliatory reasons, landlords of rental properties can refuse to renew tenant leases as it suits them.
Landlords can choose not to renew a lease because the tenants smoke, because they got bedbugs, or because the tenant didn't do a good job following the lease while they were there.Retaliation: A landlord cannot give you a non-renewal, and cannot choose to not renew your lease, for reasons that are retaliatory.
In Massachusetts, the landlord cannot terminate a lease, refuse to renew a lease, or raise the rent on a tenant who has: Exercised a legal right.