How can a lease be terminated in the Commonwealth of Massachusetts?

A fixed term lease cannot be terminated until the end of the lease term, unless both parties otherwise agree. Some leases are self-extending, meaning that they automatically renew at the end of the term unless one of the parties gives notice to the other to terminate the lease at the end of its current term.

With a tenancy at will, either party may terminate the tenancy by giving the other written notice 1 full rental period or 30 days in advance, whichever is longer. The notice is not effective unless it states when the tenancy is to terminate, which must be on a rent day (for instance, if rent is payable on the 1st of the month, the tenancy can only be terminated on the 1st day of the next month.)

Rooming house tenants who have lived in a rooming house for 30 days or longer are entitled to at least 7 days' notice to vacate. For residents of less than 30 days, there is no specific notice requirement.

On what grounds can a landlord evict a tenant?

A landlord may evict a tenant at will or a tenant whose lease has expired for any reason whatever or for no reason at all. Common reasons for eviction are: (i) non-payment of rent; (ii) expiry of the lease; (iii) violation of the lease. The landlord must go through a legal action to evict, called a summary process action, and obtain a document called an execution. The landlord gives the execution to a constable or deputy sheriff, who will come with movers to move the tenant out.

The landlord cannot cut off essential services, lock out a tenant or forcibly remove a tenant from the premises without going through the proper court procedure.

The landlord has the right under State law to quickly evict a tenant involved in illegal drug-related activities on the premises. This is done through an expedited eviction proceeding through the court.

A landlord cannot try to evict a tenant, raise the rent or change the terms of the tenancy in retaliation because a tenant has complained of conditions to the landlord in writing, or to any government agency, or because the tenant has organized or joined a tenant organization.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.

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