15. Farson v. Goodale, 90 Mass. 202, 203 (1864), in which it is stated that a tenancy may be terminated at will at any time and in any manner mutually agreed upon by the parties. A landlord can waive the termination to which they are entitled. Contact the nearest citizen advisory service if your lease indicates that you need to cancel and you do not want to. Don`t just leave the property or put the keys in your landlord`s mailbox after making a deal. Some, but not all, leases contain an interruption clause. It must be a balanced clause that gives the landlord and tenant the same rights to terminate the contract if it proves unsatisfactory. A clause that allows a landlord to terminate the tenancy prematurely, but does not extend the same right to the tenant, would violate the provisions of the Unfair Terms in Consumer Contracts Regulations, 1999. You do not need to specify a specific notice period (unless otherwise stated in your lease). You can contact the landlord or their property manager and let them know that you need to move before your lease expires.
Suggest a specific date. The owner may agree that you can leave earlier. If she agrees, immediately send her a written notice (email, text or letter) stating that you are “handing over” the apartment before __1 (specify the date) and requesting a written “acceptance of the discount”. You need to use these specific words. Then, make sure that the landlord returns something to you in writing (email, text or letter) telling him that he has accepted your departure on a certain date. Once this date has arrived and you have taken all your belongings out of your apartment, you will need to return the keys to your landlord. As long as you have received the letter from your landlord accepting the early delivery of your apartment and have returned the keys no later than the agreed date, your landlord cannot hold you responsible for the rent after you leave.2 1. The law requires that the delivery of a rental unit be in writing.
G.L.c. 183, §3: “No succession or land interest may be .. unless it is done by such a letter or by law. “However, renouncing all actions that amount to an agreement of a tenant and repossessing demeaned premises from the landlord is tantamount to a capitulation as of right.” Talbot vs. Whipple, 96 Mass. 177, 180 (1867); see also Guaranty Bank & Trust Co.c. Mid-State Ins. Agency, Inc., 383 Mass. 319 (1981) (where the tenant, at the request of the landlord, gave the landlord his only set of keys to show the premises to a potential tenant, there was a valid termination by remission); Net Realty Holding Trust v. Giannini, 13 Mass. App.
Ct. 273 (the tenant must prove that the landlord intended to release him from the rental obligation), rev. refused, 386 measures. 1102 (1982). If you leave your apartment without respecting the notice period required in accordance with your unlimited rental agreement (at least one month, unless you have agreed on a different notice period) or if you do not return the keys no later than the date on which you indicated that you are leaving, a landlord may try to make you pay the rent for the next rental period (usually the following month).18 Unless you voluntarily agree to pay the money to the landlord, they will have to sue you to get it. Depending on the amount of money, a landlord may decide that it is too difficult to sue you. And as mentioned in the previous section of this chapter, the law requires the landlord to find replacement tenants as soon as possible. The law requires tenants to notify landlords in writing at will before moving that they are moving for at least a full rental period or 30 days (whichever is longer).10 This period begins from the time your landlord receives the notice, not from the time you send it.11 So, If you want to pay your rent the first of each month and leave before April 1, your landlord must receive your notice before the end of February (February 28 is fine, but not March 1). Your landlord does not have to agree to end your rental prematurely. If they don`t agree, you`ll have to pay rent until the end of your tenancy, even if you leave the property. You may also have to pay other bills – for example, the municipal tax.
If your lease does not automatically renew, your lease simply ends on the last day of the lease. In this situation, you don`t have to tell your landlord that you`re leaving. For more information on self-extending lease clauses, see Chapter 4: What type of lease do you have – How long is my lease valid?. . .