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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33708
Experience:  Attorney for over 15 years, landlord 26 years
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My niece convinced me to rent her empty house I want a

Customer Question

my niece convinced me to rent her empty house I want a simple lease
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: massachusetts
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: I wanted a simple tenant at will lease
JA: Anything else you want the lawyer to know before I connect you?
Customer: yea I moved in and they only half moved out, leaving all kind of stuff
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Are you just looking for an inexpensive place to purchase one state specific for Mass?

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Or did you have questions about leasing to her?

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thanks

Barrister

Customer: replied 2 months ago.
I want a lease
Customer: replied 2 months ago.
they have not signed a simple tenant and will lease
Customer: replied 2 months ago.
I moved in and half there stuff is still here!
Customer: replied 2 months ago.
i think I may need the lease protection
Expert:  barristerinky replied 2 months ago.

Ok, if you are renting from them, then they would be the ones to present you with a lease.. If you don't have a written lease, then you are a month to month tenant by default under the law.. So having a written month to month lease won't give you much protection.

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If you get into a fixed term lease, like a 6 month or 12 month lease, then that protects you from them deciding to end the tenancy and evict before the lease expires.

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But you can go to any local office supply store and get a template lease contract or you can go to a site like USLegalforms.com to download one that is state specific for a small fee. I use them myself when I need a template that I don't have.

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See here: MA Lease Agreement

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You can just fill in how long the tenancy is on the template lease and see if they will agree to sign it..

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thanks

Barrister

Customer: replied 2 months ago.
I did that what happens if i stay here without a lease?
Expert:  barristerinky replied 2 months ago.

It means you are legally a month to month tenant by law and they would have to give you a written 30 day notice to terminate your tenancy if they decided that they wanted to do so. The same thing applies to you...you have to give them a 30 day notice as well..

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 2 months ago.
lets put it this way if they dont sign the lease i'm leaving!
Do i need a lease
Expert:  barristerinky replied 2 months ago.

It depends on what your goal is here.... If you want to be able to count on staying for a set amount of time, then a fixed term lease makes sense as it protects you from being evicted with a month's notice.

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But if you want the flexibility to be able to leave with a month's notice, then you don't need a lease at all..

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thanks

Barrister

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