This office lease form states that if the tenant, without the written consent of Landlord, holds over after the expiration of the term of the lease, and if the landlord does not proceed to remove the tenant from the demised premises in the manner permitted by law, the tenancy will be deemed a month-to-month tenancy.
Massachusetts Addressing Holdover Tenancy in a Lease
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FAQ
This requires a standard eviction action, including a 14-day notice. For the holdover tenant, the process is similar to an eviction action except the landlord is not required to give a notice to quit. This is true even if the landlord had been accepting rent after the expiration of the lease.
In a tenancy-at-will the tenant pays the agreed-upon rent each month for an indefinite period of time. Either the landlord or the tenant can decide to end the tenancy by giving the other party notice either 30 days or one month before the due date of the next rent payment, whichever is longer.
Disadvantages of Tenancy at Will The landlord or tenant may choose to terminate the agreement at any time, which can create uncertainty and make long-term planning challenging. Limited Stability: Tenants at will may face the risk of sudden eviction if the landlord decides to terminate the tenancy.
Tenants at will Your landlord must send you a "14-Day Notice to Quit" if terminating your tenancy for non-payment of rent (M.G.L. c. 186, § 12). If it is being terminated for any other reason, you must be given written notice 30 days, or one full rental period in advance, whichever is longer.
The tenant's agreement is tied to the property and not to the owner. That means if the property sells while occupied, the tenant has the right to live there until the standing lease expires. The new owner has to honor the length of the original lease created between the seller and tenant.
Tenancy at will The landlord or tenant can end a month-to-month tenancy-at-will by giving a written 30 days (minimum) notice to quit that must expire at the end of a rental period.
You may be able to legally move out before the lease term ends in the following situations. You Are Starting Active Military Duty. ... The Rental Unit Is Unsafe or Violates Massachusetts Health or Safety Codes. ... You Are a Victim of Domestic Violence. ... Your Landlord Harasses You or Violates Your Privacy Rights.
As long as the tenant does not violate any rules, they can stay until their rental period ends. But if they stay in the property even a day after their lease/rental agreement ends and have not arranged for a renewal, landlords can issue a written 30-Day Notice to Vacate.
