Is it legal in MA for to hold a tenant to a self renewing lease if there is no reminder or additional form sent to the tenant?

Asked almost 5 years ago - Reading, MA

Tenants (elderly couple) called their landlord in July to give their 30 day notice, however the management company told them the lease they signed was a self-extending lease and they needed to give notice back in May. Although the original lease stated it was self-renewing the landlord did not send a reminder or any correspondence regarding the renewal. Are there any regulations in Massachusetts regarding self-extending leases? Is there a limit as to what can be charged for a penalty in breaking a lease?

Attorney answers (2)

  1. William T Harrington

    Contributor Level 14

    Answered . I am not aware of any regulations or other law prohibiting the enforcement of a lease that states that it will renew itself unless it is terminated by a certain date. Barring a liquidated damages clause in the lease, if the lease is breached, the damages are the balance of the rent owed minus the rent the landlord would collect using reasonbly diligent efforts to relet the premises. Without looking at the lease, I can't really offer more advice.

  2. William T Harrington

    Contributor Level 14

    Answered . I am not aware of any regulations or other law prohibiting the enforcement of a lease that states that it will renew itself unless it is terminated by a certain date. Barring a liquidated damages clause in the lease, if the lease is breached, the damages are the balance of the rent owed minus the rent the landlord would collect using reasonbly diligent efforts to relet the premises. Without looking at the lease, I can't really offer more advice.

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