Notice to Quit

If you are a tenent at will, you can be asked to quit the premises for any reason, even if you are up to date on your rent. The notice should be in writing. It only has to be received by you from whatever source. It does not to be served by a sheriff or constable.

Under Massachusetts law, your landlord's "verbal" 30-day notice to quit has no legal significance because a notice to terminate a tenancy must be in writing.

If you are behind on your rent, your landlord has the right to terminate your tenancy upon 14 days' notice. If you receive a 14 day notice to quit and you have not received another notice to quit for non-payment of rent in the past 12 months, you may cure the non-payment by paying the full amount of the arrearage to your landlord within 10 days of receiving the notice to quit.

Your landlord always retains the right to terminate a tenancy at will upon 30 days' notice. Your landlord needs no reason to terminate your tenancy under a 30-day notice to quit. As long as your landlord complies with the notice requirements and allows the 30 day period to elapse, your landlord may start a summary process (eviction) action against you. If you live in Quincy, your landlord will bring the eviction case in the Quincy District Court.

Irene H. Bagdoian
Richardson and Tyler LLP