A Massachusetts 30 Day Notice To Vacate is a legal letter written to terminate a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the specified date of termination.
When To Use a Massachusetts 30 Day Notice To Vacate
A Massachusetts 30-Day Notice to Vacate terminates the following types of tenancy:
- A rental agreement, including a month-to-month or year-to-year lease
- A situation with no written lease where the tenant pays rent monthly
- An expired lease
Some types of Massachusetts lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How to Write a Massachusetts 30 Day Notice to Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving parties, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Massachusetts 30 Day Notice To Vacate
Massachusetts landlords and tenants may deliver a written lease termination notice by any method which results in actual notice to the other party. The burden of proof is on the delivering party to prove delivery. These are some common methods for notice delivery in Massachusetts:
- Hand delivery to the other party
- Delivery by registered or certified mail, with the other party’s signature used as proof of delivery
- Delivery by constable or sheriff
Mailed notice extends a notice period by three (3) calendar days, to account for variable delivery times.
Sources
- 1 MA Gen L ch 186 § 13
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Whenever a tenancy at will of premises occupied for dwelling purposes, other than a room or rooms in a hotel, is terminated, without fault of the tenant, either by operation of law or by act of the landlord, except as provided in section twelve, no action to recover possession of the premises shall be brought, nor shall the tenant be dispossessed, until after the expiration of a period, equal to the interval between the days on which the rent reserved is payable or thirty days, whichever is longer, from the time when the tenant receives notice in writing of such termination; but such tenant shall be liable to pay rent for such time during the said period as he occupies or retains the premises, at the same rate as theretofore payable by him.
Source Link - 2 Mass. Ct. Sys., "Find out how to start the eviction process"
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The Massachusetts Court System provides the following guidance for delivery of a notice to quit the premises. Note that actual delivery of notice to the receiving party is the operative legal standard:
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There is no designated way to give the notice to quit to the tenant. A landlord can give the notice directly to the tenant in person, but it’s recommended that a disinterested person be present for this. The tenant doesn’t have adequate notice to quit if:
- A constable or sheriff leaves the notice at the tenant’s last usual address but the tenant doesn’t actually receive it for some reason.
- The landlord sends the notice by mail and the tenant doesn’t pick it up.
- 3 Mass. R. Civ. P. 6
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Additional Time After Service by Mail:
Source LinkWhenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other papers upon him and the notice or paper is served upon him by mail, 3 days shall be added to the prescribed period.
