Tenant at will with a written agreement to give 60-day notice. Rent is due on the 1st of the month. Can I give notice on Jan 15th to move out March 15th and be prorated the rest of March? Or Do I need to wait and give notice on Feb 1st to move out April 1st?
Criminal Defense Attorney
It is completely dependent upon the contract, but, generally, you must give the 60-day notice in conjunction with a rental period--if your rent is due on the 1st, you would have to include the short month of February in your calculations and give 60 days (or more to be careful), and pay rent for those two rental periods.
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Landlord / Tenant Lawyer
The technical answer as outlined by Attorney leary is what it is. However, having dealt with a number of LL/t cases, you may have some leverage to obtain agreement from your landlord to move out prior to the 60 days specifiedi n your lease, but that will depend on a number of unknown factors. You need to contact a landlord tenant lawyer for advice on the specifics of your case.
These are generic informational answers, not to be construed as legal advice or creating an Attorney client relationship. If you have a legal issue, you should always consult an Attorney in your jurisdiction. You wouldn't ask a surgeon to talk you through a heart transplant via email, don't expect to do the same with a legal matter.
Real Estate Attorney
Based only on the scant information you provided, you can send out notice at any time in January for an April 1st termination, subject to the following caveat. ***February does not have 30 days. Plan accordingly to make sure you give at least 60 days***.
Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts. All answers are based on Massachusetts law and the limited facts presented by the questioner. All answers are provided to the general public for educational purposes only and no attorney-client relationship is formed by providing an answer to a question. To schedule a consultation with a lawyer, and obtain advice and review of your specific legal issue, please call us today at 617-357-4898 or visit us at www.vaughnmartel.com.