What are my rights as a tenant at will?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights as a tenant at will?
My lease expired 07/31. I was informed by text message on 07/13 of my landlord’s intent to not renew my lease and I was given until 08/31 to vacate.
I have been searching for housing but cannot find a new rental due to the market, as well as a poor credit score. I have a family of 6, including 4 children and school starts in less than 3 weeks. My landlord claims that he wants the house for their personal use. What rights do we have?
Asked on August 13, 2018 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unfortunately, when you don't have a still-in-effect (unexpired) written lease, your tenancy can be terminated on at least 30 days written notice. The notice must terminate your tenancy at th end of a month/begininng of a new month--so notice provided 7/13 when your lease expires (and no longer protects you) 7/31 will suffice to require you to leave by 8/31. If you don't leave by then, your landlord can bring an eviction action and will be able to remove you in a very few weeks. With a written lease for a definite or defined period of time, you basically can only remain there as long as the landlord wants you to, the same way that without a written lease for a set period of time, you can move out on 30 days notice without further obligation. There is no way to reliably stay past the 30 days notice without a written lease; while it's possible that the landlord will do something wrong in how they file the eviction case and will have to refile, that is just a temporary delay until they get the paperwork right. You have to plan that you need a new place in mid-late September, or early October at the earliest.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.