Massachusetts notice to quit: 14 days for rent, 30 days or one rent period at will
In Massachusetts, a landlord ends a tenancy at will with a written notice equal to the interval between rent days or 30 days, whichever is longer (Mass. Gen. Laws ch. 186, section 12). For unpaid rent the notice to quit gives 14 days and must include the required right-to-cure sentence. A tenant at will who has had no such notice in the last 12 months can stop the case by paying in full within 10 days.
How much notice ends a tenancy at will in Massachusetts?
A month-to-month tenancy with no written lease is a tenancy at will. Section 12 of chapter 186 requires a notice "equal to the interval between the days of payment or thirty days, whichever is longer". For monthly rent, the interval is a month, so the notice is a full rent period or 30 days, whichever is longer. DoorKeeping's file applies that to both the landlord and the tenant, and treats ending the tenancy at the end of a rent period as the safe reading.
Example a made-up tenant pays on the 1st. The landlord gives a written notice on June 10. A month from June 10 is July 10, but ending on the last day of the rent period is the safe choice, so the landlord sets the end date at July 31 and keeps a dated copy of the notice.
What does the 14-day notice for unpaid rent require?
For nonpayment, the notice to quit gives 14 days (sections 11 and 12) and has to contain the right-to-cure sentence that the statute requires. Leaving it out, or getting the days wrong, can give the tenant a defense, so use the statutory wording rather than your own.
- Check the ledger and state the amount of rent that is actually unpaid.
- Use a notice form that includes the required right-to-cure language.
- Count 14 days from delivery and keep proof of delivery.
- If the tenant pays in full in time, record it and let the notice lapse.
DoorKeeping's Massachusetts file also records the cure right: a tenant at will who has not received such a notice in the last 12 months can stop it by paying in full within 10 days. Read the statute for exactly how that works, because the amount owed and the timing matter.
Can late fees go in the notice?
Be careful. Massachusetts allows a late fee only after the rent is 30 days late and only if the lease says so (section 15B(1)(c)), as covered in Massachusetts late fee law. A fee you were not yet allowed to charge does not belong in a demand for rent, and mixing the two can undermine an otherwise correct notice.
What happens after the notice runs out?
If the tenant has not left or cured, the next step is to file with the court. You cannot change the locks, remove belongings or cut off services. Keep the notice, proof of delivery, the ledger and the lease together, and for the deposit follow Massachusetts security deposit laws once the tenant moves out.
How DoorKeeping handles it
DoorKeeping holds each tenant's ledger and lease, keeps messages to the tenant in its message history and keeps deposits held per tenant in each property's books. It does not serve notices or file cases. DoorKeeping gives general information, not legal advice. Laws change and cities can add rules, so check the current law for your state and your property before you act, and talk to a local attorney if a case is contested.
Sources
Questions
- How long is a notice to quit for nonpayment in Massachusetts?
- Fourteen days, with the required right-to-cure sentence (chapter 186, sections 11 and 12).
- How much notice ends a tenancy at will?
- A written notice equal to the interval between rent days or 30 days, whichever is longer (section 12).
- Can a tenant stop the case by paying?
- DoorKeeping's file records that a tenant at will with no such notice in the last 12 months can stop it by paying in full within 10 days.
- Does the notice have to end at the end of a rent period?
- Ending at the end of a rent period is the safe reading, and DoorKeeping's rules apply it.