Terminating a Tenant-at-Will

[piaculum]

What is the name of your state? Massachusetts

I've been able to glean a great deal of information from this site, but I still have one last question regarding the termination of a Tenant-at-Will. The tenant has known for well over two months now that I needed him out by July 1st (today). Of course, he is now saying he needs “just two more weeks” to find a place but clearly I can no longer trust him to move out in this time frame. Unfortunately, I made the mistake of not issuing any of these notices in a written statement (this is my first tenant – I just plain screwed up), and realize I probably have no recourse in that capacity. However, I really need him to move out ASAP so that I can begin some renovations. I know the Massachusetts law states the following:

“Either the landlord or tenant may terminate this arrangement by giving written notice 30 days or one full rental period in advance, whichever is longer.”

My tenant always pays his rent on the 1st of the month. My two questions are:

(1) Can I hand deliver a statement of termination (is that what it’s called?) today, the 1st of July, terminating his tenancy at the end of the month? Or, since today is the first, is it too late for this rent cycle? I’m just unclear of the wording of the Massachusetts law.

(2) If I can, in fact, issue this written statement today, is there a predefined form that I should follow or can it be a fairly straightforward statement.

Please forgive my ignorance on this matter…I’m trying to be a fair landlord but it’s a learning process.

-Matt W.

[Alaska landlord]

Today is July 02, 2007

[ws6whiteshark]

First of all, today is July 2nd... not the first, second, why not just send him the notice and prorate the month. Also, if it's 30 days that the law requires and you need him out in 30 days that puts it on July 31st... you're still covered.

[BL]

If you want the tenant out ASAP offer the tenant a monetary amount so they can afford to move out . Get it all in writing and signed .

Otherwise on a MTM , when the rent is due , either party usually must give notification before the rent due date , not on or after .

Therefor if you gave notice now , the tenant would have until Aug. 31,07 to move as long as the rent is paid , before you could start eviction .

[OHlandlord]

There are 2 different ways the 30 day notice can be counted. Some states insist that all notices be served before the rent is due. It then takes effect on the next rent due date and they must be out before the following rent is due (term period states). Other states will allow you and the tenant to give 30 days notice at any time during the month and count the actual days from the date they received notice (actual day states). You need to find out which way is legal in your state. (Most states, as in my state, must serve the notice before the rent is due.) Either way, serve that notice today. You won't get that tenant out at all if you don't serve the notice.

Most states do not have a predetermined form for this. Just a plain letter stating that you are not renewing the agreement for the next month and are terminating their tenancy effective xx/xx/07 is sufficient. Tell them to have their belongings removed, the place cleaned, and the keys returned on that date. Keep a copy for your records.