 Lease/MTM quagmire (by bill [MA]) Jul 13, 2018 9:06 PM
 Lease/MTM quagmire (by JB [OR]) Jul 13, 2018 9:20 PM
Lease/MTM quagmire (by JB [OR]) Jul 13, 2018 9:35 PM
Lease/MTM quagmire (by Terry [ID]) Jul 13, 2018 10:19 PM
Lease/MTM quagmire (by Terry [ID]) Jul 13, 2018 10:29 PM
Lease/MTM quagmire (by Steve [MA]) Jul 14, 2018 3:27 AM
Lease/MTM quagmire (by Ken [NY]) Jul 14, 2018 4:05 AM
Lease/MTM quagmire (by LindaJ [NY]) Jul 14, 2018 4:51 AM
Lease/MTM quagmire (by bet [MA]) Jul 14, 2018 8:27 AM
Lease/MTM quagmire (by bet [MA]) Jul 14, 2018 8:27 AM
Lease/MTM quagmire (by bill [MA]) Posted on: Jul 13, 2018 9:06 PM
Message:
We have a tenant with whom we originally had a year-to-year- lease with a "60 day notification to end it" clause if either party decided not to renew it. When this one year lease came up for renewal a few months ago, neither party desired to renew it for another full year, which of course meant it automatically became a month-to-month lease.
Accordingly, if the due date has always been on the first of the month, do we - on this coming August 1st - have to present said tenant with 60 day notice or a 30 day notice to leave?
Many thanks for your guidance.
Bill
/ --173.48.xxx.xxx |
Lease/MTM quagmire (by JB [OR]) Posted on: Jul 13, 2018 9:20 PM
Message:
Well, at minimum, I would either immediately provide them with a 30 day notice now (which would give them closer to 45 days) or give them 60 day notice. It would be safer to provide the 60 days since that was in your original agreement, although you may not be legally obligated. Check with your state/local laws to be safe.
Since you haven't provided any other details, this is where I would start my thinking. I don't see the need to only give bare minimum unless there's something else we should know. --50.45.xxx.xx |
Lease/MTM quagmire (by JB [OR]) Posted on: Jul 13, 2018 9:35 PM
Message:
There are a lot of MA LLs here and they will likely chime in, but I think 30 days is all you are legally obligated to give there since you are now officially MTM.
My state is not as LL friendly in that regard. --50.45.xxx.xx |
Lease/MTM quagmire (by Terry [ID]) Posted on: Jul 13, 2018 10:19 PM
Message:
I would think that if the terms of the lease have expired and the tenants are now on a month to month agreement, you are obligated to give them a 30-day-notice to vacate.
Is there something written in the lease that explains when the term of the lease expires, the tenancy will then be a month-to-month agreement? (I'm thinking with a month-to-month tenancy, a 30-day-notice would be automatic). This may be a legal question.
Is there a reason you can't talk with the tenants and see what their intentions are? If there is bad blood, I would contact a r.e. attorney or check with your state's housing affairs and see where you stand legally before you talk to the tenants. Good luck. --75.174.xxx.xxx |
Lease/MTM quagmire (by Terry [ID]) Posted on: Jul 13, 2018 10:29 PM
Message:
I just read your question again, and is the reason the tenants don't want to sign another year lease because they may be thinking they would like to move out in say 6 months or something and don't want to commit to a full year? If this is the case, why would you want to give them a 30 or 60 day notice to vacate?
I think maybe you might want to talk with them and ask what their intentions are... maybe draw up a month-to-month rental agreement with a 30-day notice to vacate clause. No harm in that. --75.174.xxx.xxx |
Lease/MTM quagmire (by Steve [MA]) Posted on: Jul 14, 2018 3:27 AM
Message:
Unless you & your tenant actually signed a new MTM agreement replacing the original term lease with the 60 day notice clause, I know my judge would expect you the LL to provide 60 days notice.
Since it appears as though you want to reclaim your unit make sure you can prove that you gave the tenants written notice on or before August 1, 2018. that you are terminating on September 30, 2018. As part of the terms of all my rental agreements the tenant occupancy ends at 12 o'clock noon on the last day not midnight. I find this helps avoid someone disturbing the neighbors by moving in the middle of the night.
I would also include notice of a substantial rent increase effective October 1, 2018 in the event they decide to over stay their welcome. --71.174.xx.xx |
Lease/MTM quagmire (by Ken [NY]) Posted on: Jul 14, 2018 4:05 AM
Message:
I would give them 60 days but realize when you give them notice chances are good you wont get rent anymore so be prepared to give them an eviction notice for non payment of rent --72.231.xxx.xxx |
Lease/MTM quagmire (by LindaJ [NY]) Posted on: Jul 14, 2018 4:51 AM
Message:
In NY we have to give a full month notice on a M2M rental, so that would be before August 1 (not on Aug 1) to be out on August 30. Not sure what MA rules are. But if you are required for 30 days or 60, why not just give them notice now and give them some time to find another place. If it is 60 days, then tell them you will not charge for the months they are not there so if they are gone by the end of July they are off the hook for the rest. --108.44.xx.xxx |
Lease/MTM quagmire (by bet [MA]) Posted on: Jul 14, 2018 8:27 AM
Message:
Once the lease terms ends and converts to mtm you can serve a 30 day notice. Around here no one ever sees the lease, court judge etc. So I would go with the standard 30 day before the rent is due notice. We have been serving notices as soon as we can as it is difficult to find new apts. Even with a lease termination date we have been serving the notices, just so they know we aren't playing games and we are serious they have to be out or else. --74.104.xxx.xxx |
Lease/MTM quagmire (by bet [MA]) Posted on: Jul 14, 2018 8:27 AM
Message:
Once the lease terms ends and converts to mtm you can serve a 30 day notice. Around here no one ever sees the lease, court judge etc. So I would go with the standard 30 day before the rent is due notice. We have been serving notices as soon as we can as it is difficult to find new apts. Even with a lease termination date we have been serving the notices, just so they know we aren't playing games and we are serious they have to be out or else. --74.104.xxx.xxx |
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