Massachusetts Month-to-Month Rental Agreement
The Massachusetts Month-to-Month Rental Agreement is a type of lease that has no set end date; the agreement continues in effect until either the landlord or tenant terminates the contract. MA law does not require a written agreement for tenancies of this nature, although not using a physical contract can set landlords up for needless liability, potentially resulting in a situation where the landlord is pitting their word against their tenant(s). With the form, the landlord can specify rental amounts, security deposits, how to go about paying rent, and basic rules regarding the property.
The form offers several ‘pros’ over using a more standard lease. The obvious pro to the contract is its short-term nature; the parties are only required to give notice of thirty (30) days before the next rental payment to terminate the agreement. This allows for unparalleled flexibility and freedom in comparison to other lease types. However, it should be noted that this flexibility can serve as a con for either party as well. Another pro is that a landlord can “get rid of” an unruly tenant without means of eviction, so long the situation can go on until the next rent due date.
Required Notice for Termination (Ch. 186 §12): Both parties are required to give the other party a notice of thirty (30) days or a minimum of one (1) month before the due date of the next payment (whichever amount of time is shorter).
Landlord Guide: Landlords (and tenants) can get an extensive overview of Massachusett’s rental laws and the rights they are allotted by downloading the Attorney General’s “Guide to Landlord / Tenant Rights” in PDF.