Massachusetts Month-to-Month Lease Agreement
A Massachusetts month-to-month rental agreement is a flexible housing option that allows tenants to rent a residential property for varying durations, accommodating both short-term and long-term needs.
Massachusetts Month-to-Month Lease Agreement
Legal Requirements for Month-to-Month Leases
Minimum Termination Period
To terminate a month-to-month lease agreement in Massachusetts, either party is required to provide a notice of at least 30 days.
Rent Increase
Landlords have the right to increase rent with a 30-day notice. This notice allows tenants the choice to either accept the new rent rate or vacate the property.
Required Lease Disclosures
When entering into a month-to-month rental agreement, landlords must provide several disclosures, including:
- Fire insurance
- Inventory Checklist
- Identification
- Security Deposit Receipt
- Security Deposit Notice
- Disclosure of Lead-Based Hazards
For further details regarding these disclosures and related regulations, refer to the Massachusetts lease agreement page.
Massachusetts Month-to-Month Eviction
The process for ending a month-to-month tenancy in Massachusetts depends on the length of the tenancy:
- For tenancies shorter than three months, landlords must issue a 30-day notice to quit.
- For tenancies of three months or longer, a three-month notice to quit is required.
These notices must clearly inform the tenant that the lease will terminate at the end of the notice period, at which point the tenant is expected to vacate the premises. Additionally, the notice may present the tenant with the option to enter into a new lease agreement under different terms.
Statutes
- Mass. Gen. Laws ch. 186 § 15B(1)(b)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(a) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(b) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(e) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(2)(c) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(4)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(2)(d)(iii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(3)(a) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(7) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(9) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(c) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 186 § 15B(1)(b)(i-ii) – Entrance of premises prior to termination of lease; payments; receipts; interest; records; security deposits
- Mass. Gen. Laws ch. 239 § 8A – Rent withholding; grounds; amount claimed; presumptions and burden of proof; procedures
- Mass. Gen. Laws ch. 111 § 127L – Repairs by tenants of residential premises to cure violations; reimbursement for cost
- Mass. Gen. Laws ch. 186 § 12 – Notice to determine estate at will
- Mass. Gen. Laws ch. 186 § 11 – Determination of lease for nonpayment of rent
- Mass. Gen. Laws ch. 186 § 15F – Certain provisions of lease or rental agreement relating to residential real property as to litigation and liability of landlord deemed void; remedies of tenant
- Mass. Gen. Laws ch. 186 § 21 – Disclosure of insurance information by lessor; violations; waiver
- Mass. Gen. Laws ch. 186 § 24(a) – Termination of rental agreement or tenancy upon notification to owner that household member is victim of domestic violence, rape, sexual assault or stalking
- Mass. Gen. Laws ch. 186 § 24(b) – Termination of rental agreement or tenancy upon notification to owner that household member is victim of domestic violence, rape, sexual assault or stalking
- Mass. Gen. Laws ch. 186 § 25 – Owner prohibited from refusal to enter into rental agreement based on sec. 24 or 25
- Mass. Gen. Laws ch. 186 § 26 – Owner required to change locks if requested by tenant under imminent threat of domestic violence, rape, sexual assault or stalking; denial of key to alleged perpetrator
- Mass. Gen. Laws ch. 186 § 18 – Reprisal for reporting violations of law or for tenant’s union activity; damages and costs; notice of termination, presumption; waiver in leases or other rental agreements prohibited
- Mass. Gen. Laws ch. 239 § 2A – Retaliation Presumption
- Mass. Gen. Laws ch. 139 § 19 – Voiding of lease of tenant using premises for common nuisance
- Mass. Gen. Laws ch. 218 § 21 – Power to establish rules of small claims procedure; venue; jurisdictional amount; hearings; damages and penalties
- Mass. Gen. Laws ch. 60 § 57A – Returned Check Fees
- Mass. Gen. Laws ch. 186 § 14 – Self-Help Evictions
- Mass. Gen. Laws ch. 110G § 15 – Electronic Notices
- Mass. Gen. Laws ch. 186 § 1 – Long Term Interest
- 105 CMR 410.003 – General Provisions
- 105 CMR 410.600-602 – Sanitary Rules
FAQs
A Massachusetts month-to-month rental agreement is a flexible leasing option that allows tenants to rent a residential property for varying lengths of time, whether short or long-term, based on their needs.
To terminate a month-to-month lease in Massachusetts, either party must provide at least a 30-day notice. If the tenancy has lasted less than three months, this notice is sufficient.
Yes, landlords can increase the rent in a month-to-month lease in Massachusetts, but they must provide tenants with a 30-day notice of the rent increase.
Required disclosures in a Massachusetts month-to-month rental agreement include fire insurance, an inventory checklist, identification, a security deposit receipt, a security deposit notice, and a disclosure of lead-based hazards.
In Massachusetts, to evict a month-to-month tenant, landlords must provide a 30-day notice to quit if the tenancy is less than three months. For tenancies of three months or longer, a three-month notice to quit is required.
If a tenant does not vacate after receiving a notice to quit in Massachusetts, the landlord may initiate the eviction process, which involves filing for eviction in court and following the legal procedures outlined in the Massachusetts Eviction Process.
When faced with a rent increase in Massachusetts, tenants have the option to either accept the new rent rate and continue their tenancy or choose to vacate the property before the new rate takes effect, provided they give the required notice.