Massachusetts Month-to-Month Lease Agreement

Last Updated: May 30, 2024 by Roberto Valenzuela

A Massachusetts month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental renews monthly, until either party gives proper notice to end it.

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For information about fixed-term leases in Massachusetts (i.e., a term of one year or more), click here.

Basics of a Massachusetts Month-to-Month Rental Agreement

In Massachusetts, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.

Parties under a month-to-month lease enjoy full rights under Massachusetts landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.

The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party for any reason without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.

Required Disclosures for Month-to-Month Rentals in Massachusetts

Massachusetts landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:

  • Landlord’s Name and Address – Massachusetts leases must contain the name and contact information of the landlord or authorized agent. This enables smooth communication of any important legal notice. Massachusetts law requires the availability of a contact telephone number. The landlord must either monitor the number every twelve hours, or provide an alternative contact for periods of temporary absence.
  • Notice of Occupants’ Legal Rights and Responsibilities – Massachusetts landlords must provide tenants with a notice from the Department of Health discussing tenant rights and remedies related to repairs. This notice may be personally delivered, posted next to the mailboxes, or posted inside the premises.
  • Fire Insurance Information Notice – Massachusetts landlords must, within 15 days, provide fire insurance information to any tenant who submits a written request.
  • Move-In Checklist – Landlords must provide tenants with a move-in checklist to take inventory of existing property damage before move-in.
  • Security Deposit Holdings Disclosure – Massachusetts landlords collecting a security deposit must within 30 days of collection disclose the holding information to the tenant.
  • Security Deposit Receipt – Massachusetts landlords collecting a security deposit must provide a receipt to the tenant or prospective tenant, after receiving the deposit or within 10 days of the lease beginning (whichever is later).
  • Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.

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The state page for fixed-term leases may have more detailed information on required disclosures.

Required Notice To End a Month-to-Month Rental in Massachusetts

Massachusetts lets both the landlord or tenant terminate a month-to-month lease with at least 30 days of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.

Massachusetts requires written notice to end a month-to-month lease.

Required Notice To Raise the Rent on a Massachusetts Month-to-Month Lease

Massachusetts requires that notice for a rental increase be delivered in writing, on the same schedule of advance notice as for other major lease changes like termination. In Massachusetts this means at least 30 days of advance notice.

Eviction in Massachusetts Month-to-Month Rentals

Massachusetts tenants may face eviction for violating a month-to-month lease or remaining on the property after the notice period allowed by a valid termination. Evictions in Massachusetts typically take one to three months.

For more information on the eviction process in Massachusetts, click here.

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