Do I need to give notice to move out on the 1st of the month?

Asked over 1 year ago - Woburn, MA

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?

Attorney answers (3)

  1. Terri D. Leary

    Contributor Level 15


    Lawyers agree

    Answered . 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.

    Providing users with information is not intended to create an attorney/client relationship. However, if in... more
  2. Adam Peter Phipps

    Contributor Level 10


    Lawyer agrees

    Answered . 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... more
  3. Christopher W. Vaughn-Martel

    Contributor Level 17


    Lawyer agrees

    Answered . 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.... more

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