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Question

For a Pay or Quit Notice in MA how many days must I give tenant to Pay or Quit? I know I can give notice even as of the day after rent is due. My situation is that he always pays late, can't charge late fees in MA within the 30 days, but now with Oct. I can serve this Pay or Quit notice. He says he's not going to pay me until Oct. 9th. Should I just wait to see if he pays or should I send this notice out tomorrow as a warning. Some sites say I have to give 3 days other 7, other 14 days as every state is different. What is MA law. Also his 12month lease ends Nov. 15th. How much in advance do I need to give him if I am not going to renew his lease or if I am going to renew it only as a tenant at will month to month?

Submitted: 50 days and 12 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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State/Country relating to Question: Massachusetts

Posted by Adam Kirk 50 days and 12 hours ago.

Answer

If a tenancy at will (no lease) is being terminated for nonpayment of rent, the landlord must give a written fourteen (14) days Notice to Quit to the tenant. Again, one can easily obtain this notice from a legal stationery store, Rental Housing Association, or from a Constable.
Do not utilize a fourteen (14) days Notice to Quit which is designed for a tenant under a lease, as there are distinct differences.

If the tenant is under a lease, you must examine the lease to determine how much time is required. If the reason is nonpayment of rent, by statute, you must give a written (14) days Notice to Quit.

50 days and 12 hours ago.

Reply

Yes he is currently under a lease, meaning I need to give him 14 days to pay or quit? and what about how much notice prior to Nov 15 ending of this current lease to tell him that the new lease will actually be a tenancy at will (month to month)?

Posted by Adam Kirk 50 days and 12 hours ago.

Answer

The tenant is entitled to at least 14 days. The lease could specify a longer period.

 

You will have to give at least 30 days notice that a "tenancy at will" will begin with the expiration of the current lease. You will also need to have the tenant sign a tenancy at will agreement setting out the payment amount.

50 days and 11 hours ago.

Reply

Is there a specif form I can use for this notification? Can I put under his door, do I need to send certified mail, etc/

Thanks

Accepted Answer

You can just send a simple letter for the notice on the month to month tenancy. YOu should hand deliver or send the letter certified mail to have proof you sent it.

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Expert: Adam Kirk
Pos. Feedback: 99.3 %
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Answered: 10/1/2009

Lawyer (JD)

Litigation Attorney practicing in multiple State and Federal Courts, Arbitrations and Mediations

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